Dr Janina Boughey, Senior Lecturer, UNSW Faculty of Law, on
“Jurisdictional error and remedies: is a coherent approach possible?”
Students, practitioners, scholars and even some judges have lamented the ‘centrality’ of jurisdictional error to judicial review in Australia. The concept is accused of being confusing, pointless and incoherent. Various suggestions have been made as to why it should be replaced or abolished, as it has been in some other common law jurisdictions.
The High Court, however, has made it quite clear that the distinction between jurisdictional and non-jurisdictional errors is here to stay. Its decisions in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd  HCA 4 and Maxcon Constructions Pty Ltd v Vadasz  HCA 5 confirm the centrality of the concept, and Gageler J’s judgment in particular articulates a coherent theory of why the concept of jurisdictional error is required in Australian law. However, those cases and another recent NSW case—Kaldas v Barbour  NSWCA 275—highlight some of the difficult questions that this theory of judicial review and jurisdictional error raises for the scope and nature of judicial review’s remedies.
Janina will explore the issues raised in these recent cases and what they might mean for the future directions of judicial review of administrative action in Australia.
Date: Thursday 17 May 2018
Time 12.30 pm – 2.00 pm(12.30 pm: sandwich lunch; 1pm: start of presentation)
Venue: Monash Law Chambers, Ground floor Auditorium Room, 555 Lonsdale Street, Melbourne
Cost: Free (bookings essential for seating/catering purposes)
RSVP: by Thursday 10 May 2018 via this linkbit.ly/2HxDv3l
This presentation qualifies for one CPD unit for solicitors and barristers