Australian Public Law Blog
@auspublawblog.bsky.social
AUSPUBLAW is a collaborative blogging project bringing readers expert commentary and analysis in Australian public law. Hosted by the Gilbert & Tobin Centre of Public Law and the Australian Association of Constitutional Lawyers
New today on AUSPUBLAW: Reflections from Frank Pasquale (@frankpasquale.bsky.social) on Yee-Fui Ng’s book ‘Combatting the Code: Regulating Automated Government Decision-Making in Comparative Context’: www.auspublaw.org/blog/2025/11...
Reason-Giving Without Reasoners? Confronting Generative AI Use in Administrative Processes - Combatting the Code book forum — Australian Public Law
Frank Pasquale In her Combatting the Code: Regulating Automated Government Decision-Making in Comparative Context , Y ee-Fui Ng examines many instances of predictive AI use that raise serious co...
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November 25, 2025 at 2:35 AM
New today on AUSPUBLAW: Reflections from Frank Pasquale (@frankpasquale.bsky.social) on Yee-Fui Ng’s book ‘Combatting the Code: Regulating Automated Government Decision-Making in Comparative Context’: www.auspublaw.org/blog/2025/11...
This week on AUSPUBLAW we have a special book forum on Yee-Fui Ng’s new book ‘Combatting the Code: Regulating Automated Government Decision-Making in Comparative Context’. To kick us off, we’ve got a post by Anna Huggins - out now! www.auspublaw.org/blog/2025/11...
Regulating Automated Government Decision-Making: An Australian Perspective - Combatting the Code book forum — Australian Public Law
Anna Huggins Associate Professor Yee-Fui Ng’s new book, Combatting the Code , makes an important and timely contribution to debates about regulating automated government decision-making. Her in-...
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November 24, 2025 at 1:32 AM
This week on AUSPUBLAW we have a special book forum on Yee-Fui Ng’s new book ‘Combatting the Code: Regulating Automated Government Decision-Making in Comparative Context’. To kick us off, we’ve got a post by Anna Huggins - out now! www.auspublaw.org/blog/2025/11...
Our November events roundup is live! There's a range of interesting events and opportunities scheduled for November and beyond: www.auspublaw.org/events
Events — Australian Public Law
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November 3, 2025 at 5:44 AM
Our November events roundup is live! There's a range of interesting events and opportunities scheduled for November and beyond: www.auspublaw.org/events
On the eve of SunshineLoans Pty Ltd v ASIC, Jerry Leung and Seung Chan Rhee consider the constitutional dimensions of apprehended bias and how this could be relevant to the proceedings. Check it out - and stay tuned for the High Court hearing tomorrow! www.auspublaw.org/blog/2025/10...
SunshineLoans Pty Ltd v ASIC: A Constitutional Dimension to Apprehended Bias? — Australian Public Law
Jerry Leung and Seung Chan Rhee Where a judge makes adverse credibility findings against a witness in the liability stage of a trial and that same witness is required to give evidence at the relief s...
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October 15, 2025 at 4:08 AM
On the eve of SunshineLoans Pty Ltd v ASIC, Jerry Leung and Seung Chan Rhee consider the constitutional dimensions of apprehended bias and how this could be relevant to the proceedings. Check it out - and stay tuned for the High Court hearing tomorrow! www.auspublaw.org/blog/2025/10...
Our October events roundup is live! There's a range of interesting events and opportunities scheduled for October and beyond: www.auspublaw.org/events
Events — Australian Public Law
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October 1, 2025 at 2:28 AM
Our October events roundup is live! There's a range of interesting events and opportunities scheduled for October and beyond: www.auspublaw.org/events
New today on AUSPUBLAW: @lizhicks.bsky.social analyses the Federal Court’s reliance on the concept of ‘core policy’ in determining Commonwealth duties of care in relation to climate change in Pabai v Commonwealth: www.auspublaw.org/blog/2025/09...
‘Climate Overloading’ and Separation of Powers Arguments: Reflections on Pabai v Commonwealth of Australia — Australian Public Law
Liz Hicks The recent Federal Court decision of Pabai v Commonwealth (No 2 ) [2025 ] FCA 796 considered wheth er the Commonwealth owed two duties of care to the Torres Strait Islander peopl...
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September 24, 2025 at 11:38 PM
New today on AUSPUBLAW: @lizhicks.bsky.social analyses the Federal Court’s reliance on the concept of ‘core policy’ in determining Commonwealth duties of care in relation to climate change in Pabai v Commonwealth: www.auspublaw.org/blog/2025/09...
New today on AUSPUBLAW: Julian R Murphy unpacks what Ravbar tells us about the ways in which private communications might be relevant to the interpretation, and judicial review, of legislation: www.auspublaw.org/blog/2025/08...
Public Meaning and Private Communications: A Sidebar to Ravbar — Australian Public Law
Julian R Murphy The High Court’s decision in Ravbar v Commonwealth [2025] HCA 25 raises a number very large questions, including as to proportionality testing in different fields of constitutiona...
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August 20, 2025 at 1:49 AM
New today on AUSPUBLAW: Julian R Murphy unpacks what Ravbar tells us about the ways in which private communications might be relevant to the interpretation, and judicial review, of legislation: www.auspublaw.org/blog/2025/08...
Our August events roundup is live! There's a range of interesting events and opportunities scheduled for August and beyond: www.auspublaw.org/events
Events — Australian Public Law
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August 1, 2025 at 12:59 AM
Our August events roundup is live! There's a range of interesting events and opportunities scheduled for August and beyond: www.auspublaw.org/events
New today on AUSPUBLAW: Jason Donnelly and Chris Honnery unpack the central issues in Plaintiff S15/2025, including the scope of Australia’s non-refoulement obligations, and outline lessons for practitioners: www.auspublaw.org/blog/2025/07...
Back at the Border: When Protection Ends at Departure — Lessons from Plaintiff S15/2025 — Australian Public Law
Jason Donnelly and Chris Honnery Plaintiff S15/2025 concerned an appl ication in the High Court’s original jurisdiction brought on behalf of a Syrian refugee who was refused a resident return visa...
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July 24, 2025 at 11:00 PM
New today on AUSPUBLAW: Jason Donnelly and Chris Honnery unpack the central issues in Plaintiff S15/2025, including the scope of Australia’s non-refoulement obligations, and outline lessons for practitioners: www.auspublaw.org/blog/2025/07...
New today on AUSPUBLAW: Nina Dillon Britton explores whether the UK Supreme Court's decision on the meaning of 'women' under the Equality Act 2010 (UK) could influence Australian courts in interpreting the Sex Discrimination Act 1984 (Cth): www.auspublaw.org/blog/2025/07...
Could For Women Scotland Impact How Australian Courts Understand What ‘Women’ Means? — Australian Public Law
Nina Dillon Britton On 16 April 2025, in a unanimous decision, the UK Supreme Court found that, for the purposes of the Equality Act 2010 (UK), ‘sex’ means one’s biological s...
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July 6, 2025 at 11:45 PM
New today on AUSPUBLAW: Nina Dillon Britton explores whether the UK Supreme Court's decision on the meaning of 'women' under the Equality Act 2010 (UK) could influence Australian courts in interpreting the Sex Discrimination Act 1984 (Cth): www.auspublaw.org/blog/2025/07...
Our July events roundup is live! There's a range of interesting events and opportunities scheduled for July and beyond: www.auspublaw.org/events
Events — Australian Public Law
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July 1, 2025 at 2:04 AM
Our July events roundup is live! There's a range of interesting events and opportunities scheduled for July and beyond: www.auspublaw.org/events
New today on AUSPUBLAW: As negotiations to form a treaty with First Peoples continue in Victoria, Harry Hobbs and Lorne Neudorf explore how a First Peoples’ representative body might be given effective legislative authority: www.auspublaw.org/blog/2025/6/...
Lawmaking by a First Peoples’ Representative Body: Delegated Legislation or Incorporation by Reference? — Australian Public Law
Harry Hobbs and Lorne Neudorf Much of the political momentum surrounding Indigenous rights quickly dissipated following the defeat of the Voice referendum in October 2023. Newly elected governments i...
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June 3, 2025 at 3:53 AM
New today on AUSPUBLAW: As negotiations to form a treaty with First Peoples continue in Victoria, Harry Hobbs and Lorne Neudorf explore how a First Peoples’ representative body might be given effective legislative authority: www.auspublaw.org/blog/2025/6/...
New today on AUSPUBLAW: Douglas McDonald-Norman looks at how the High Court's judgment in CZA19 v Commonwealth; DBD24 v Minister for Immigration and Multicultural Affairs could inform constitutional debates in India: www.auspublaw.org/blog/2025/05...
Beyond the Border: CZA19 Across The Indian Ocean — Australian Public Law
Douglas McDonald-Norman In its recent judgment in CZA19 v Commonwealth; DBD24 v Minister for Immigration and Multicultural Affairs [2025] HCA 8 ( CZA19 ), the High Court has confirmed ...
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May 20, 2025 at 2:20 AM
New today on AUSPUBLAW: Douglas McDonald-Norman looks at how the High Court's judgment in CZA19 v Commonwealth; DBD24 v Minister for Immigration and Multicultural Affairs could inform constitutional debates in India: www.auspublaw.org/blog/2025/05...
New today on AUSPUBLAW: Dane Luo critically evaluates the arguments around parliamentary privilege raised in Sofronoff v ACT Integrity Commission: www.auspublaw.org/blog/2025/05...
Parliamentary Privilege and Integrity Commission Findings in Sofronoff v ACT Integrity Commission — Australian Public Law
Dane Luo In Sofronoff v ACT Integrity Commission , a former Queensland judge, Walter Sofronoff KC, is seeking judicial review of findings made by the Australian Capital Territory ( ACT ) Integri...
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May 15, 2025 at 11:42 PM
New today on AUSPUBLAW: Dane Luo critically evaluates the arguments around parliamentary privilege raised in Sofronoff v ACT Integrity Commission: www.auspublaw.org/blog/2025/05...
Our May events roundup is live! There's a range of interesting events and opportunities scheduled for May and beyond: www.auspublaw.org/events
Events — Australian Public Law
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April 30, 2025 at 11:19 PM
Our May events roundup is live! There's a range of interesting events and opportunities scheduled for May and beyond: www.auspublaw.org/events
Our April events roundup is live! There's a range of interesting events and opportunities scheduled for April and beyond: www.auspublaw.org/events
Events — Australian Public Law
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April 1, 2025 at 4:53 AM
Our April events roundup is live! There's a range of interesting events and opportunities scheduled for April and beyond: www.auspublaw.org/events
New today on AUSPUBLAW: Cherry Tang and Eden Blair take a look at the High Court's 2024 judgment in R v Hatahet and whether the likelihood of parole can be taken into account in sentencing: www.auspublaw.org/blog/2025/3/...
Terrorism and Parole in the High Court — Australian Public Law
Cherry Tang and Eden Blair In June 2024, the High Court handed down its decision in R v Hatahet [2 024] HCA 23 ( HCA Judgment ) on appeal from the New South Wales Court of Criminal Appeal ( CCA ...
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March 16, 2025 at 10:31 PM
New today on AUSPUBLAW: Cherry Tang and Eden Blair take a look at the High Court's 2024 judgment in R v Hatahet and whether the likelihood of parole can be taken into account in sentencing: www.auspublaw.org/blog/2025/3/...
Our March events roundup is live! There's a range of interesting events and opportunities scheduled for March and beyond: www.auspublaw.org/events
Events — Australian Public Law
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March 3, 2025 at 12:08 AM
Our March events roundup is live! There's a range of interesting events and opportunities scheduled for March and beyond: www.auspublaw.org/events
New today on AUSPUBLAW: Kent Blore looks at what the High Court’s decision in DPP v Smith tells us about how s 32(1) of the Victorian Charter of Human Rights might be used in statutory interpretation down the road: www.auspublaw.org/blog/2025/02...
DPP v Smith: A Fresh Appetite To Consider Section 32(1) Of The Charter? — Australian Public Law
Kent Blore The High Court handed down Momcilovic v The Queen [2011] HCA 34 ; ( 2011) 245 CLR 1 ( Momcilovic ) well over a decade now. That means it has been more than a decade since the High Co...
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February 7, 2025 at 12:00 AM
New today on AUSPUBLAW: Kent Blore looks at what the High Court’s decision in DPP v Smith tells us about how s 32(1) of the Victorian Charter of Human Rights might be used in statutory interpretation down the road: www.auspublaw.org/blog/2025/02...
New today on AUSPUBLAW: Patrick Hossack looks at what the High Court’s decision in Attorney-General (Tas) v Casimaty can teach us about statutory interpretation, justiciability, and the scope of parliamentary privilege: www.auspublaw.org/blog/2025/02...
Public works and private duties – the roles of the judiciary and the legislature in Attorney-General (Tas) v Casimaty [2024] HCA 31 — Australian Public Law
Patrick Hossack On the outskirts of Hobart Airport, where Holyman Avenue and Cranston Road meet the Tasman Highway, construction is set to begin on a new interchange. A Parliamentary Committee has co...
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February 3, 2025 at 11:47 PM
New today on AUSPUBLAW: Patrick Hossack looks at what the High Court’s decision in Attorney-General (Tas) v Casimaty can teach us about statutory interpretation, justiciability, and the scope of parliamentary privilege: www.auspublaw.org/blog/2025/02...
New today on AUSPUBLAW: Dane Luo explains what we can learn about the constitutional principle of dualism from Australia's legal framework for ICC arrest warrants: www.auspublaw.org/home/2025/01...
January 17, 2025 at 4:38 AM
New today on AUSPUBLAW: Dane Luo explains what we can learn about the constitutional principle of dualism from Australia's legal framework for ICC arrest warrants: www.auspublaw.org/home/2025/01...
Our December events roundup is live! There's a range of interesting events and opportunities scheduled for December and beyond: www.auspublaw.org/events
December 2, 2024 at 8:49 AM
Our December events roundup is live! There's a range of interesting events and opportunities scheduled for December and beyond: www.auspublaw.org/events
New today on AUSPUBLAW: As Parliament considers three controversial migration bills, Anna Talbot writes on ASF17 v Cth, the circumstances in which indefinite immigration detention remains constitutionally permissible, and the illusion of choice for refugees: www.auspublaw.org/blog/2024/11...
ASF17 v Commonwealth and the illusion of choice — Australian Public Law
Anna Talbot ASF17 v Commonwealth [2024] HCA 19 ( ASF17 v Commonwealth ) is the latest judgment of the High Court of Australia in the hotly contested space of immigration detention. With this ca...
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November 28, 2024 at 12:14 AM
New today on AUSPUBLAW: As Parliament considers three controversial migration bills, Anna Talbot writes on ASF17 v Cth, the circumstances in which indefinite immigration detention remains constitutionally permissible, and the illusion of choice for refugees: www.auspublaw.org/blog/2024/11...
New today on AUSPUBLAW: Sebastian Long analyses whether South Australia’s proposed ban on political donations could be susceptible to constitutional challenge: www.auspublaw.org/blog/2024/11...
Could South Australia’s proposed ban on political donations run into trouble in the courts? — Australian Public Law
Sebastian Long In March 2022, the Labor Party defeated the Liberal government in the South Australian election. Amongst the promises campaigned on by the victorious new Premier, the Hon Peter Malinau...
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November 21, 2024 at 3:01 AM
New today on AUSPUBLAW: Sebastian Long analyses whether South Australia’s proposed ban on political donations could be susceptible to constitutional challenge: www.auspublaw.org/blog/2024/11...
New today on AUSPUBLAW: Samuel Naylor critically examines Division 105A of the Commonwealth Criminal Code, in light of the INSLM’s 2023 report and Hollingworth J’s judgment in Benbrika v AG [2024]: www.auspublaw.org/blog/2024/11...
That funny feeling in Division 105A of the Criminal Code: Benbrika and the INSLM Review — Australian Public Law
Samuel Naylor On 19 December 2023, Abdul Nacer Benbrika was released from custody after being detained for the best part of 20 years. He was released after Hollingworth J of the Victorian Supreme Cou...
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November 18, 2024 at 10:21 PM
New today on AUSPUBLAW: Samuel Naylor critically examines Division 105A of the Commonwealth Criminal Code, in light of the INSLM’s 2023 report and Hollingworth J’s judgment in Benbrika v AG [2024]: www.auspublaw.org/blog/2024/11...