Recent Developments in Public Law - Audio Recording & Papers
3 May 2018
CPD Points: Four (4)
Category: Substantive Law & Professional Skills
Cost: $440
Seminar Programme:
Introduction from Chair
Chair: Andrew TOKLEY SC, Barrister, 5 Wentworth
Keynote Address
Associate Professor Gabrielle APPLEBY, UNSW Law
Associate Dean (International & External Engagement)
Co-Director, The Judiciary Project, Gilbert + Tobin Centre of Public Law
• Proportionality and the implied freedom of political communication:
- McCloy v NSW (2015) 257 CLR 178
- Murphy v Electoral Commissioner (2016) 334 ALR 369
- Brown v Tasmania (2017) 91 ALJR 1089
• Proportionality and Chapter III:
- Plaintiff S4/2014 v Minister for Immigration and Border Protection
- Falzon v Minister for Immigration [2018] HCA 2
9:00am Topic 1: Section 44 - Xenophobia in our Constitution?
Speaker: David BENNETT AC QC, Barrister, 5 Wentworth
• The two common fallacies about s.44 of the Constitution
o "Why can't they just check?"
- Dependency on foreign law;
- Changing sovereignty in Europe;
- Differing national laws (esp. citizenship by descent);
- Embassies and consulates often get it wrong;
- Changing foreign laws (e.g. Canavan; Joyce);
- Which came first - naturalisation of ancestor or birth of next ancestor down?
o Entitlement to citizenship does not disqualify. The Canavan opinion.
• Exceptions
o Exorbitant foreign claim to impose citizenship
o Renunciation
o Timing
o Reasonable efforts
• Knowledge
• Other disqualifications
o Office of profit under the Crown
o Bankruptcy
o Crime
Topic 2: A Masterclass in Statutory Interpretation
Speaker: James EMMETT, Barrister, 12 Wentworth Selborne
Topic 3: Procedural Fairness – Recent Cases and Commentary
Speaker: Frances GORDON, Barrister, Sixth Floor