Research Publications and Outputs: Recent submissions
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'Chetcuti v Commonwealth': Justice Nettle's last words
Published 2021There have been several cases of long-term Australian resident non-citizens resisting deportation. The case of Chetcuti v Commonwealth (Chetcuti), decided on 26 November 2020, is a High Court decision falling within that ...Open AccessArticle -
Standard deviation? The problematic pre-condition to SEPP 1
Published 2002Flexibility is brought into the New South Wales environmental planning system by a State department policy called State Environmental Planning Policy No 1 – Development Standards. It provides a mechanism whereby applicants ...Open AccessArticle -
Procedural fairness in application cases: Is compellability of consideration a critical safeguard?
Published 2018The proposition that governmental actors must extend procedural fairness to applicants for statutory rights, subject only to clear contrary legislation, has become a background assumption of Australian administrative law. ...Open AccessArticle -
'Chetcuti' and exclusion under the Australian 'Constitution' - the ongoing story of alien status
Published 2022After the controversial judgment in Love v Commonwealth (Love) declaring that Aboriginal people are not aliens or outsiders to the Constitution, Chetcuti v Commonwealth (Chetcuti) has been watched as the next "big" case ...Open AccessArticle -
Section 53 of the Constitution: an overlooked reference to the constitutional people
Published 2013Section 53 of the Constitution sets out the limitations on the power of the Senate with respect to financial legislation. There is ongoing disagreement as to what legislation is caught by the section. This article does not ...Open AccessArticle