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Justice in Tribunals - J R S Forbes

Justice in Tribunals

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Justice in Tribunals is a specialist work on the common law and statutory rules governing decisions of administrative tribunals, executive officers, government departments, professional societies, commercial associations, trades unions, sporting bodies, social clubs and political parties, affecting the rights of individuals. It explains the different procedures used to challenge statutory as well as private ("domestic”) rulings. Previous editions have been cited with approval by courts in New Zealand and several Australian jurisdictions. This new edition goes well beyond the generalities of “natural justice” to examine numerous examples of that ideal in action. They are arranged according to various stages of decision-making - notice of the charge or claim, urgent action, legal representation, standards of proof, significance of the law of evidence, procedure at the hearing, errors of law or due process, and the articulation of reasons for a decision. A special chapter deals with the conduct of public inquiries, such as Royal Commissions, which do not formally determine rights and duties of individuals. _________________________________________________________________________________________________________________________________ Some judicial citations of Justice in Tribunals (QCAT references omitted) New Zealand: Z v Dental Complaints Assessment Committee [2008] NZSC 55; [2009] 1 NZLR 1 Queensland: Gately v Rockhampton Cab Company Limited [2011] QSC 260; Kovacic v Australian Karting Association (Qld) Inc [2008] QSC 344; Carberry v Drice as Rep of Brisbane Junior Rugby Union (An unincorporated Body) [2011] QSC 16; Crime and Misconduct Commission v McLennan & Ors [2008] QSC 23; Crowe v Mercy Health and Aged Care Central Queensland Limited [2001] QSC 384; Lee v Chai [2013] QSC 136; Pine Rivers, Caboolture & Redcliffe Group Training Scheme Inc & Ors v Group Training Assoc Qld & Northern Territory Inc [2013] QSC 31; Della Bon v Abednego [2000] QSC 275; Greenwood v Windsor [2008] QSC 68; Marshall v Averay [2006] QDC 356; Crowe v Mercy Health and Aged Care Central Queensland Limited [2001] QSC 384 Tasmania: Fernando v Medical Complaints Tribunal [2007] TASSC 44; L v Tasmania [2006] TASSC 59; Gordon v Commissioner of State Revenue [2008] TASMC 21 Victoria: Australian Football League & Ors v Carlton Football Club Ltd & Anor [1997] VSC 33; Stewart v Shuey [1999] VSC 114 New South Wales: Rose v Boxing NSW Inc & Anor [2007] NSWSC 20; Connell v NCSC (1989) 14 ACLR 765; Australian National Industries Ltd v Spedley Securities Ltd (in liq) & Ors (1992) 26 NSWLR 411; McGovern & Anor v Ku-ring-gai Council (2008) 72 NSWLR 504 (CA) Chief Commissioner of State Revenue v Kelly [2011] NSWADTAP 12; McGuirk v University of New South Wales [2010] NSWADTAP 66. South Australia: Prescott v Legal Practitioners Disciplinary Tribunal & Ors [2009] SASC 309; James v Medical Board of South Australia & Anor (2006) 95 SASR 445; Kerin v Legal Practitioners Complaints Committee (1996) 67 SASR 149. Western Australia: Rush v WA Amateur Football League (Inc) [2005] WASC 206; De Santis and Smith [2008] WASAT 204; Hathaway v WA Locomotive Engine Drivers', Firemen's and Cleaners' Union of Workers & Ors [1996] WAIR Comm 97; Singh v Dhaliwalz Pty Ltd [2013] WAIR Comm 13. Federal Court: Minister for Immigration and Citizenship v MZXPA (2008) 100 ALD 312; Kutlu v Director of Professional Services Review & Ors (2011) 280 ALR 428; SZRHL v Minister for Immigration and Citizenship (now Minister for Immigration and Border Protection) [2013] FCA 1093; Singh v Minister for Immigration and Citizenship [2012] FMCA 1073; SZQFD v Minister for Immigration and Citizenship [2011] FMCA 598; Walworth v Merit Protection Commissioner & Anor (No 1) (2007) 94 ALD 771; Dinnan v Health Insurance Commission [2004] FCA 1615; Pradhan v Holmes (2001) 125 FCR 280 Australian Capital Territory: Omari v Omari [2009] ACTSC 28; Love v Disputes Committee Tribunal of AFL Canberra Ltd [2009] ACTSC 135.

Industry Reviews

… Justice in Tribunals is the definitive work regarding the practice of, and sources of potential challenge to, a wide range of tribunals, both statutory and domestic. … Its coverage goes beyond material which is at least broadly familiar to every administrative lawyer to discrimination and sports tribunals and, in an excellent final chapter, Royal Commissions and non-determinative inquiries. What is more, it does so with a level of detail, accessibly presented, that is a testament to the author’s great expertise. This is a book that aims to address the issues of people who appear before tribunals of all sorts. It succeeds overwhelmingly. One can easily understand why it has been cited with approval by courts on both sides of the Tasman, since the author’s style is at once academically informed and unashamedly practical. The book is encyclopedic, both in the sense that it is comprehensive and in the sense that it is designed for readers to mine it for information on isolated subjects, rather than to read it from end to end. In this regard, the frequency with which the author includes cross-references is particularly helpful. This book, as in previous editions, remains an excellent resource, both for practitioners who appear before, or challenge the decisions of, tribunals and for academics who research tribunals. Read full review... - Greg Weeks, Australian Journal of Administrative Law, May 2015

Preface Table of Cases Table of Statutes and Statutory Instruments 1. The Scope of This Text 2. Jurisdiction over Statutory Tribunals 3. Judicial Control of Domestic Tribunals in Non-Livelihood Cases 4. Private Tribunals and Restraint of Trade 5. Statutory Jurisdiction over Domestic Tribunals 6. Legal Error (Natural Justice Aside) 7. Natural Justice: General 8. Commencing Proceedings: A Right to be Heard? 9. Urgent Action and the Right to be Heard 10. Notice of the Hearing 11. Does Natural Justice Imply a Right to Counsel? 12. The Hearing 13. Are Reasons Part of a Fair Hearing? 14. Can There Be Fairness Without an Internal Appeal? 15. The Twin Pillar: The Rule Against Bias 16. Remedies 17. Non-Determinative Inquiries Index

ISBN: 9781862879560
ISBN-10: 1862879567
Audience: General
Format: Hardcover
Language: English
Number Of Pages: 448
Published: 23rd June 2014
Country of Publication: AU
Dimensions (cm): 23.5 x 15.9
Weight (kg): 0.92
Edition Number: 4
Edition Type: New edition