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