Justice in Tribunals
By: J. R. S. Forbes
About This Book
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 that 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._________________________________________________________________________________________________________________________________Some judicial citations of Justice in Tribunals (QCAT references omitted)New Zealand: Z v Dental Complaints Assessment Committee [2008] NZSC 55; [2009] 1 NZLR 1Queensland: Gately v Rockhampton Cab Company Limited [2011] QSC 260; Kovacic v Australian Karting Association (Qld) Inc [2008] QSC 344; Carberry v Drice as Rep of Brisbane Junior Rugby Union (An unincorporated Body) [2011] QSC 16; Crime and Misconduct Commission v McLennan & Ors [2008] QSC 23; Crowe v Mercy Health and Aged Care Central Queensland Limited [2001] QSC 384; Lee v Chai [2013] QSC 136; Pine Rivers, Caboolture & Redcliffe Group Training Scheme Inc & Ors v Group Training Assoc Qld & Northern Territory Inc [2013] QSC 31; Della Bon v Abednego [2000] QSC 275; Greenwood v Windsor [2008] QSC 68; Marshall v Averay [2006] QDC 356; Crowe v Mercy Health and Aged Care Central Queensland Limited [2001] QSC 384Tasmania: Fernando v Medical Complaints Tribunal [2007] TASSC 44; L v Tasmania [2006] TASSC 59; Gordon v Commissioner of State Revenue [2008] TASMC 21Victoria: Australian Football League & Ors v Carlton Football Club Ltd & Anor [1997] VSC 33; Stewart v Shuey [1999] VSC 114New South Wales: Rose v Boxing NSW Inc & Anor [2007] NSWSC 20; Connell v NCSC (1989) 14 ACLR 765; Australian National Industries Ltd v Spedley Securities Ltd (in liq) & Ors (1992) 26 NSWLR 411; McGovern & Anor v Ku-ring-gai Council (2008) 72 NSWLR 504 (CA) Chief Commissioner of State Revenue v Kelly [2011] NSWADTAP 12; McGuirk v University of New South Wales [2010] NSWADTAP 66.South Australia: Prescott v Legal Practitioners Disciplinary Tribunal & Ors [2009] SASC 309; James v Medical Board of South Australia & Anor (2006) 95 SASR 445; Kerin v Legal Practitioners Complaints Committee (1996) 67 SASR 149.Western Australia: Rush v WA Amateur Football League (Inc) [2005] WASC 206; De Santis and Smith [2008] WASAT 204; Hathaway v WA Locomotive Engine Drivers', Firemen's and Cleaners' Union of Workers & Ors [1996] WAIR Comm 97; Singh v Dhaliwalz Pty Ltd [2013] WAIR Comm 13.Federal Court: Minister for Immigration and Citizenship v MZXPA (2008) 100 ALD 312; Kutlu v Director of Professional Services Review & Ors (2011) 280 ALR 428; SZRHL v Minister for Immigration and Citizenship (now Minister for Immigration and Border Protection) [2013] FCA 1093; Singh v Minister for Immigration and Citizenship [2012] FMCA 1073; SZQFD v Minister for Immigration and Citizenship [2011] FMCA 598; Walworth v Merit Protection Commissioner & Anor (No 1) (2007) 94 ALD 771; Dinnan v Health Insurance Commission [2004] FCA 1615; Pradhan v Holmes (2001) 125 FCR 280Australian Capital Territory: Omari v Omari [2009] ACTSC 28; Love v Disputes Committee Tribunal of AFL Canberra Ltd [2009] ACTSC 135.
AI Overview
"Justice in Tribunals" by J. R. S. Forbes is a comprehensive legal text that explores the principles and practices governing administrative tribunals. Here is a detailed overview of the book:
Key Themes
- Administrative Law Principles: The book delves into the application of administrative law principles to various types of tribunals, including statutory, domestic, and hybrid tribunals.
- Natural Justice: A significant portion of the work is dedicated to the principles of natural justice, with extensive case notes and detailed analyses of their application across different tribunals.
- Non-Determinative Inquiries: The book includes a new chapter on non-determinative inquiries, such as royal commissions and other commissions of inquiry.
- Restraint of Trade: It covers the legal aspects of restraint of trade at common law and under the Trade Practices Act, including the demarcation of livelihood and non-livelihood cases.
- Remedies: The text also includes a substantial chapter on remedies related to tribunal proceedings.
Plot Summary
The book provides a thorough examination of the legal framework governing administrative tribunals. It covers both theoretical and practical aspects, making it a valuable resource for both specialist and non-specialist practitioners. The text is structured to offer an in-depth understanding of the issues that relate to the operation of tribunals, including their jurisdiction, procedures, and potential challenges.
Critical Reception
The book has received positive reviews from legal professionals and scholars:
- Law Society Journal NSW: The book is described as an "excellent introduction to and reference work on administrative law principles in their application to tribunals" and is recommended for both specialist and non-specialist practitioners.
- Balance, Law Society of the NT: It is praised for its comprehensive and detailed analysis, making it a recommended read for practitioners and students examining the area of justice in tribunals.
Editions and Publication Details
- Editions: The book has been published in multiple editions, with the most recent being the 6th edition, released in August 2024.
- Publication Details: The book is published by The Federation Press and is available in various formats, including cloth and digital editions.
Additional Information
- Language and Pages: The book is written in English and contains 448 pages in its 2014 edition.
- ISBNs: The book has multiple ISBNs, including 9781760025076 for the 6th edition and 9781760022303 for the 5th edition.
"Justice in Tribunals" by J. R. S. Forbes is a seminal work in the field of administrative law, providing a detailed and practical understanding of the legal principles governing tribunals. Its comprehensive coverage and positive critical reception make it a valuable resource for legal practitioners and students alike.