The Federation Press

Douglas and Jones’s Administrative Law

Overview

This 6th edition of Douglas and Jones’s Administrative Law provides clarity and a contemporary perspective on administrative law today. A detailed Table of Contents is outlined below.

In this new 6th edition, Douglas has:

  • Completely updated and revised this edition to provide greater clarity and a contemporary perspective on administrative law
  • Updated commentary on statute law where necessary and completely cross-checked all references to statutes
  • Included extracts from a number of significant new cases which has precipitated the rewriting of commentary in a number of chapters
  • Included commentary ‘foreshadowing’ the Rudd Government’s proposed changes to FOI law
  • Included a new sub-section summarising Human Rights legislation of the ACT and Victoria
  • Up-dated law to August 2008

An overview of the additional case extracts include:

  • Anvil Hill Project Watch Association Inc v Minister for the Environment and Water Resources [2007] FCA
  • Dunn v Australian Crime Commission [2008] FCA
  • Francis v Attorney-General for Queensland [2008] QSC
  • Geelong Community for Good Life Inc v Environment Protection Authority [2008] VSC
  • Hicks v Ruddock [2007] FCA
  • Leghaei v Director-General of Security [2005] FCA
  • Masu Financial Management Pty Ltd v Financial Industry Complaints Service (No 2) [2004] NSWSC
  • McGovern v Ku-Ring-Gai Council [2008] NSWCA
  • McKinnon v Secretary, Department of Treasury [2006] HCA
  • NAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA
  • Shi v Migration Agents Registration Authority [2008] HCA
  • SZFDE v Minister for Immigration and Citizenship [2007] HCA

Reviews

The book is essentially a students’ book of cases and materials. However it is also useful to the practitioner who does not deal with problems in administrative law on a regular basis ... The book is a good introduction to the subject and would enable a student to obtain a good basic understanding would enable the practitioner in the feild to obtain a lead into what he or she wuold have to master to deal with the problem in administrative law that has recently landed on the desk. - (2009) 83 ALJ 774

the book provides a comprehensive coverage of administrative law for students and legal practitioners, particularly with its commentary and extracts from case law and legislation and the Notes and Questions sprinkled throughout the text. It would be a useful addition to any law library. - Australian Law Librarian, Vol 18 No 1, 2010

...I can thoroughly recommend this work. It is well-written, well set out, up to date, and it gives comprehensive coverage of the subject. It is well worth the purchase. It is prepared and written by an obvious expert. - Damien J Cremean, Law Institute Journal of Victoria, October 2009

This edition introduces new excerpts from recent High Court, Federal Court and Supreme Court decisions and a section on human rights legislation in the ACT and Victoria. Even in areas where there has been no significant development in case law or legislation since the last edition, commentary has been updated to include references to recent articles and reports.
The text not only states the existing law, but also foreshadows the possible future directions of development. Extracts from Australian Law Reform Commission and Administrative Review Council reports are provided, reviews and inquiries in relation to law reform are referred to and the impact of human rights legislation in the United Kingdom is noted as indicating a possible catalyst for similar developments here. The law is current to 1 November 2008. - Ethos, ACT Law Society Journal, June 2009

Table of Contents

Issues and Problems in Australian Administrative Law
The Rise (and Decline?) of Administrative Law
Freedom of Information and Open Government
Understanding Decisions: Reasons, Discovery and Evidence
Investigating Administrative Activity: Auditor-Generals, Corruption and Whistleblowers
Investigating Administrative Conduct: The Ombudsman
Administrative Review on the Merits
Delegated Legislation
The Duty to Act within Powers
The Exercise of Discretionary Power
The Duty to Act for Proper Purposes and according to Relevant Considerations
Duties in Relation to Findings of Fact
The Requirement of Reasonableness, and Other Limitations to Administrative Decision-Making
The Right to Procedural Fairness – General Principles
The Right to be “Heard”
The Rule Against Bias
Limits to Fairness
The Effect of Errors on the Validity of Decisions
The Availability of Judicial Review
Judicial Remedies
Discretion
Standing to Seek Judicial Review
Index
Table of Cases
Table of Statutes

Of interest...