Justice in tribunals / J. R. S. Forbes.

Alexandria, N.S.W. : The Federation Press, 2019.

5th edition

89523

Administrative courts -- Australia.

Disciplinary power -- Australia.

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.

Justice in Tribunals, now in its 5th edition, deals with the law relating to quasi-judicial authorities of government, professions, sporting organisations, industrial, political and commercial associations and their supervision by the regular courts. By no means confined to general principles, it treats in detail due process before proceedings commence, urgent action, proper notice of issues to be decided, the right to legal representation, procedure in hearings, the right to reasons, internal appeals and bias (actual and apprehended). It includes a chapter on Royal Commissions and commissions of inquiry, which, technically at least, do not determine legal rights and obligations. This edition refers to numerous judicial decisions since the 4th edition appeared in 2014, and many references to statutes have been updated. The emergence of the "two mights" test of apprehended bias is considered, and the case of Setka v Carroll & Ors, a recent development in the law of political party discipline is noted. - Publisher's website.

Previous edition: 2014

Includes bibliographic references and index.

9781760022303

lxiii, 400 pages ; 25 cm