Public Law Weekend 2016

Date & time

9am–5pm Friday 28 October 2016

Venue

Vision Theatre

National Museum of Australia, Lawson Crescent, Acton Peninsula, Canberra

Event series

Accommodation

For interstate visitors, we offer suggestions for accommodation near ANU.

Contact

Nicole Harman

Presented by Centre for International & Public Law

Conference

Part of the Public Law Weekend series

Event image
Justitia, Tehran courthouse, Iran. PHOTO: WIKIPEDIA

A leading administrative law conference will be held at the National Museum of Australia on Friday, 28 October 2016. The Public Law Weekend, run by the Centre for International and Public Law, is one of Australia’s preeminent public law conferences. 

The program this year will focus on a range of current and important administrative law issues and developments. The program features distinguished administrative law jurists, commentators and practitioners.

Speakers

  • The Hon Justice John Griffiths »

    John Griffiths was appointed to the Federal Court in April 2012 and is based in the Court’s Sydney Registry.  He is one of three national coordinating judges in the Court’s National Practice Area titled Administrative and Constitutional Law and Human Rights. 

    John practised as a barrister for 18 years prior to his judicial appointment.  He was appointed Senior Counsel in 2001.  Immediately prior to his Federal Court appointment he was a member of the NSW Judicial Commission and chaired the NSW Bar Association’s Human Rights Committee. He practised as a solicitor for 7 years before he went to the Bar.  Prior to that he was the Director of Research of the Commonwealth Administrative Review Council.  He took up that appointment after having lectured in law at Cambridge University. 

    John is a proud graduate of the Australian National University.  He was awarded combined BA/LLB degrees and the University Medal in Law.  He then went to Harvard where he obtained an LLM, before moving on to Cambridge University where he completed a doctorate in Administrative Law. John is the author of numerous articles and papers, mainly on public law.  

  • Dr Kristen Rundle »

    Kristen Rundle joined Melbourne Law School in 2015 and teaches in the areas of administrative law and legal theory. She has held appointments at the London School of Economics and Political Science, the University of New South Wales, and the University of Sydney, as well as adjunct, visiting and honorary appointments at Toronto, Ottawa, Erasmus and the Whitlam Institute, Western Sydney.

    Her research is located at the interface of legal theory and public law, and her articles have been published in internationally leading journals including Law and Philosophy, The Netherlands Journal of Legal Philosophy, Jurisprudence, the University of Toronto Law Journal, and the Modern Law Review. Her book, Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller (Hart Publishing, 2012) was awarded second prize, UK Society of Legal Scholars Peter Birks Book Prize for Outstanding Legal Scholarship, 2012.

    Kristen was awarded a SJD from the University of Toronto, where she also held the Doctoral Fellowship in Ethics at the Centre for Ethics. She undertook a LLM (honours) at McGill University as Australia's 2001 Lionel Murphy Postgraduate (Overseas) Scholar, and also holds a BA/LLB (Class 1) from the University of Sydney. 

  • Professor Cheryl Saunders AO »

    Cheryl Saunders is a Laureate Professor Emeritus at the University of Melbourne and the founding director of the Centre for Comparative Constitutional Studies. She has specialist research interests in Australian and comparative public law, including comparative constitutional law, theory and method, comparative federalism and intergovernmental relations.  

    She is a President Emeritus of the International Association of Constitutional Law and of the International Association of Centres for Federal Studies, a Fellow of the Academy of Social Sciences in Australia and a foundation fellow of the Australian Academy of Law. She is a former board member of International IDEA and a senior technical advisor to its constitution building program. 

  • Dr Kristina Stern SC »

    Kristina Stern graduated in law from Melbourne University (first class Honours) in 1987. She then worked as a solicitor before completing a PhD from Cambridge University and lecturing in law at King’s College and University College London. She spent ten years at the London Bar at 39 Essex Street, practising in both public and private law.

    She was appointed to the Treasury Panel, represented the UK Government in the Hutton Inquiry and appeared on numerous occasions in the House of Lords. She was admitted to the NSW Bar in 2006 and was appointed Senior Counsel in 2011. She has a broad practice including public, commercial, professional negligence, disciplinary proceedings and public inquiries.

    She has also written extensively and has been published in the Modern Law Review, LQR, Australian Bar Review and AIAL Forum. She is a contributing author to Key Issues in Judicial Review (2013, Federation Press). Until 2006 she was a contributing editor to Bullen & Leake’s Precedents and Pleadings.

  • The Hon Justice Chris Maxwell AC »

    Justice Maxwell commenced practice at the Victorian Bar in 1984.  He was appointed Queen’s Counsel in 1998. He practised in constitutional and administrative law and in revenue law. In 1994, Justice Maxwell was counsel assisting the Judicial Inquiry into the Australian Secret Intelligence Service. 

    In 2003–04, Justice Maxwell undertook a review for the Victorian Government of the Occupational Health and Safety Act 1985.  The recommendations of that review were implemented in the Occupational Health and Safety Act 2004.  

    In July 2005, Justice Maxwell was appointed President of the Court of Appeal, Supreme Court of Victoria. In June 2015, he was made a Companion of the Order of Australia in the Queen’s Birthday Honours.

  • Associate Professor Lyria Bennett Moses »

    Lyria is an Associate Professor in the Faculty of Law at UNSW Australia. Lyria's research explores issues around the relationship between technology and law, including the types of legal issues that arise as technology changes, how these issues are addressed in Australia and other jurisdictions, the application of standard legal categories such as property in new socio-technical contexts, the use of technologically-specific and sui generis legal rules, and the problems of treating “technology” as an object of regulation.

    She is currently a key researcher on the Data to Decisions CRC, exploring legal and policy issues surrounding the use of data analytics for law enforcement and national security. The law and policy team recently completed a comparative study looking at the strategy and law around Big Data technologies in the national security and law enforcement space in Australia, the United Kingdom and Canada through doctrinal research and interviews. Lyria is leading one of the new CRC projects, Guiding principles in the design, regulation, implementation, governance and oversight of data-based decision-support technologies for law enforcement and national security.

    Lyria is also Chair of the Australia Chapter of the IEEE Society for the Social Implications of Technology, Academic Co-Director of the Cyberspace Law and Policy Community, and a PLuS Alliance Fellow. She holds a first class honours degree in Science (Pure Mathematics) and an LLB (both from UNSW) and an LLM and JSD (both from Columbia University in New York).

  • Mr Peter Leonard »

    Peter is a founding partner of Gilbert + Tobin’s data, technology and content practice.

    He was recently voted by Sydney technology lawyers as ‘Sydney Information Technology Lawyer of the Year for 2016’ as awarded by Best Lawyers International and listed as leading in the areas of Commercial Law, Defamation and Media Law, Entertainment Law, Information Technology Law, Privacy and Data Security Law and Telecommunications Law.

    Peter participates in the IoT Alliance Executive Council and chairs its Open Data and Privacy work stream. The IoT Alliance is Australia’s peak body bringing together industry and governments to address issues affecting IoT adoption and implementation.

    Peter is a contributing editor of a number of international journals. He previously co-edited the leading industry loose-leaf service Communications Law and Policy in Australia. He writes extensively on technology deals and contracting and data and content regulation in the Asia Pacific region.

    His practice focusses on data sharing, data analytics and content and technology platforms and services and associated corporate transactions and regulation, including e-payments, privacy, interception and data protection.

  • Mr Daniel Stewart »

    Daniel is a highly respected academic who has extensive expertise in all aspects of administrative law. A senior lecturer at the ANU College of Law, Daniel’s administrative law expertise spans the scope and nature of judicial review, the role, interpretation and drafting of legislation, and the use and disclosure of government information. Daniel teaches as number of advanced and specialised courses on these areas including a postgraduate course on statutory interpretation. His course on information law focuses on secrecy, privacy and access to government information.

    Daniel was recently appointed as the independent Research Monitor for Australia as part of the international Open Government Partnership, reporting on developments relating to access to information in Australian Commonwealth, State and Territory Governments.

  • Professor John McMillan AO »

    John is an Emeritus Professor at the Australian National University, where he taught administrative and constitutional law from 1983-2003. He graduated in Arts/Law from the ANU in 1973.

    John has held the statutory positions of Commonwealth Ombudsman (2003-10), Integrity Commissioner (Acting) for the Australian Commission for Law Enforcement Integrity (2007), Australian Information Commissioner (2010-15), NSW Ombudsman (Acting) (2015-17), and member of the Australian Copyright Tribunal (2015-17).

    John is a National Fellow of the Institute of Public Administration Australia, a Fellow of the Australian Academy of Law, and an honorary life member of the Australian Institute of Administrative Law. He is a co-author of Control of Government Action: Text, Cases and Commentary (2015, 4th ed).

  • Dr James Popple »

    Dr James Popple is a Senior Member of the Administrative Appeals Tribunal.  He was the inaugural Freedom of Information Commissioner for four years before being appointed to the AAT in 2015.  Before that, James worked for 12 years in the Australian Attorney-General's Department.  Before joining AGD, he was a judge's associate, then Deputy Registrar of the High Court of Australia.

    James has degrees in law and arts, and is admitted as a barrister and a solicitor.  He is also an Adjunct Professor of the Australian National University (in the College of Law and the College of Engineering and Computer Science) where he conducted his doctoral research in artificial intelligence and law.

Sessions

Welcome

9.00am to 9.15am Friday 28 October 2016
Visions Theatre at the National Museum of Australia

Professor Stephen Bottomley, Dean, ANU College of Law

Session 1

Keynote presentation

9.00am to 10.15am Friday 28 October 2016
Visions Theatre at the National Museum of Australia

Chair: Professor James Stellios, ANU College of Law

The Hon Justice John Griffiths, Federal Court of Australia
Recent trends and developments in administrative law

Morning tea

Morning tea

10.15am to 10.45am Friday 28 October 2016
Visions Theatre at the National Museum of Australia

Session 2

Presentation

10.45am to 12.00pm Friday 28 October 2016
Visions Theatre at the National Museum of Australia

Chair: Associate Professor Amelia Simpson, ANU College of Law

EXECUTIVE POWER IN THE 21ST CENTURY

Dr Kristen Rundle, Melbourne Law School
Professor Cheryl Saunders, Melbourne Law School

Award of Inaugural Saunders Prize

Presentation

12.00pm to 12.15pm Friday 28 October 2016
Visions Theatre at the National Museum of Australia

Award of Inaugural Saunders Prize for Excellence in Scholarship in Constitutional Law

Lunch

12.15pm to 1.15pm Friday 28 October 2016
Visions Theatre at the National Museum of Australia

AACL Annual General Meeting at 12.30pm

Session 3

Presentation

1.15pm to 2.45pm Friday 28 October 2016
Visions Theatre at the National Museum of Australia

Chair: Associate Professor Leighton McDonald, ANU College of Law

CURRENT ISSUES IN JUDICIAL REVIEW

Dr Kristina Stern SC, NSW Bar
Fact/Law Distinction

The Hon Justice Chris Maxwell AC, President, Victorian Court of Appeal
Unreasonableness

Afternoon tea (with Book launch at 3pm)

Afternoon tea

2.45pm to 3.30pm Friday 28 October 2016
Visions Theatre at the National Museum of Australia
Associate Professor Anika Gauja and Professor Marian Sawer
Party Rules? Dilemmas of Party Regulation in Australia

Launched by Mr Jack Waterford

Session 4

Panel session

3.30pm to 5.00pm Friday 28 October 2016
Visions Theatre at the National Museum of Australia

PANEL – LEGAL IMPLICATIONS OF BIG DATA

Moderator: Dr James Popple, Senior Member, Administrative Appeals Tribunal

Associate Professor Lyria Bennett Moses, UNSW Law
Mr Peter Leonard, Partner, Gilbert & Tobin
Mr Daniel Stewart, ANU College of Law

Conference dinner

Dinner

6.00pm to 9.30pm Friday 28 October 2016
National Museum

Dinner speaker: Professor John McMillan AO, Acting NSW Ombudsman

Centre: 

People

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