Sydney Law School: Recent submissions
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Towards re-thinking "balancing" in the courts and the legislature’s role in protecting religious liberty
Published 2019This article critically questions "balancing" as the dominant framework for adjudicating issues of religious liberty. Within this framework, the possible friction between rights (in particular, religious liberty and ...Open AccessArticle -
The Scott Johnson case: The manslaughter plea, hatred, and criminal law reform for historic anti-homosexual and anti-trans violence in New South Wales
Published 2024The Scott Johnson case presents a complex policing and prosecutorial history, including an apparent New South Wales Police attempt to denigrate the deceased and his family to avoid criticism of an early police determination ...Open AccessArticle -
Chapter III and legislative competence to stipulate that a material legal error is non-jurisdictional
Published 2021It has been widely assumed that Australian Parliaments enjoy plenary power to provide that legal errors are non-jurisdictional. The recently articulated materiality threshold for jurisdictional error raises an intriguing ...Open AccessArticle -
Participation and responsiveness in merits review of polycentric decisions: A comparison of development assessment appeals
Published 2010The question of whether tribunals operate in an inquisitorial or adversarial manner can be regarded as a starting point for evaluating their processes. It is a question that is also raised in regards to the Land and ...Open AccessArticle -
Between rules and discretion: Legislative principles and the "relevant considerations" ground of review
Published 2013Principles may be included in legislation for administrators to apply in the exercise of discretionary powers. But can courts enforce them and, if so, how? This article examines the difficulties that arise when applicants ...Open AccessArticle