Session Catalogue

Party politics, private bodies and prerogative powers: the limits of supervisory review

$77.00

In this seminar, the speakers will discuss recent developments in the scope and limitations of supervisory review by the Courts including:

  • Kairouz v Bracks (No 2) [2021] VSC 671; Asmar v Albanese (No 4) [2021] VSC 672 with discussion of –
  • shifting judicial attitudes towards the justiciability of internal affairs of political parties, as voluntary unincorporated associations
  • the significance of statutory registration, public functions and access to public funding as matters justifying judicial intervention
  • whether a decision of a private body is amenable to judicial review, with reference to two recent cases which considered the application of the Datafin principle in Australia: Vergara v Chartered Accountants ANZ [2021] VSC 34 and Durney v Unison Housing (2019) 57 VR 158.
  • how courts conduct judicial review of non-statutory executive powers, whether the grounds of review are the same as those that apply to statutory powers, Attorney-General (Cth) v Ogawa (2020) 281 FCR 1 and “subject matter” immunity from judicial review.

$77.00

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Full Description

In this seminar, the speakers will discuss recent developments in the scope and limitations of supervisory review by the Courts including:

  • Kairouz v Bracks (No 2) [2021] VSC 671; Asmar v Albanese (No 4) [2021] VSC 672 with discussion of –
  • shifting judicial attitudes towards the justiciability of internal affairs of political parties, as voluntary unincorporated associations
  • the significance of statutory registration, public functions and access to public funding as matters justifying judicial intervention
  • whether a decision of a private body is amenable to judicial review, with reference to two recent cases which considered the application of the Datafin principle in Australia: Vergara v Chartered Accountants ANZ [2021] VSC 34 and Durney v Unison Housing (2019) 57 VR 158.
  • how courts conduct judicial review of non-statutory executive powers, whether the grounds of review are the same as those that apply to statutory powers, Attorney-General (Cth) v Ogawa (2020) 281 FCR 1 and “subject matter” immunity from judicial review.

Participants

The following individuals appear in this session. You can click through to view their profile or to browse the other sessions they have participated in.