Authority to Decide

Overview of "Authority to Decide" by Mark Leeming

Key Themes:

• Jurisdiction in the Australian Legal System: The book comprehensively explores the complex legal principles governing issues of jurisdiction in Australia.
• Practical Guidance: It offers practical guidance to both practitioners seeking to invoke the jurisdiction of a court and to judges exercising it.
• Updated Case Law: Each chapter is thoroughly updated to incorporate a wealth of new case law, ensuring the reader has access to the latest developments in jurisdictional law.
• Cross-Vesting Legislation: It provides an in-depth analysis of the investment of jurisdiction by the Commonwealth cross-vesting legislation, including its effects in bankruptcy and special federal matters.
• Jurisdictional Error: The book extensively analyzes developments in jurisdictional error, including High Court judgments in cases like Hossain and SZMTA.
• Accrued Jurisdiction: It discusses the concept of "accrued jurisdiction," a term deprecated by the High Court in Rizeq v Western Australia, and the nature of decisions affected by jurisdictional error, as seen in New South Wales v Kable.
• Jurisdictions of State and Territory Courts: New sections are included on the jurisdictions of the New South Wales Court of Appeal and Court of Criminal Appeal.

Plot Summary: The book is structured to provide a deep and nuanced understanding of the complex legal principles governing issues of jurisdiction. It engages with academic literature but remains a practical work, offering guidance on how to invoke the jurisdiction of a court and how judges should exercise it. The second edition includes updated analyses of various aspects of jurisdiction, reflecting the latest case law and judicial developments.

Critical Reception:

• Pre-eminent Resource: "Authority to Decide" has established itself as the pre-eminent resource for Australian practitioners and courts dealing with questions of jurisdiction. It has been cited regularly in judgments of the High Court of Australia and in dozens of first instance and appellate judgments of other courts.
• Judicial Support: Some of the propositions advanced in the first edition have subsequently received judicial support, helping to shape the development of the law.
• Practical and Academic: The book is praised for its practical approach while engaging with academic literature, making it a valuable resource for both practitioners and judges.

Overall, "Authority to Decide" by Mark Leeming is a comprehensive and practical guide to the law of jurisdiction in Australia, widely recognized for its authority and utility in the legal community.