The boundaries of administrative law: Some recent cases

Date & time

5.30–7pm Wednesday 25 October 2017


Law Theatre

ANU College of Law, 5 Fellows Road, The Australian National University


Prof James Stellios, ANU College of Law
A/Prof Leighton McDonald, ANU College of Law
Kristy Katavic, Blackburn Chambers
Cain Sibley, Clayton Utz
Robert Orr QC, Australian Government Solicitor


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


Sarah Parker

Presented by The Australian Institute of Administrative Law and Centre for International & Public Law

2017 AIAL National Administrative Law Conference

This seminar will involve a range of speakers discussing recent cases on the basic features, and limits, of the Australian regime for challenging administrative decisions, and trends which emerge from them.

Professor James Stellios will speak on Chief of Defence Force v Gaynor [2017] FCAFC 41 which considered whether termination of an officer of the ADF for use of social media is consistent with the freedom of political communication.

Associate Professor Leighton McDonald will speak on Graham v Minister for Immigration and Border Protection [2017] HCA 33 concerning the validity of a prohibition on disclosure of information to a court.

Kristy Katavic will speak on Legal Practitioner P1 v ACT Civil and Administrative Tribunal [2017] ACTSC 173 which considered whether a requirement was procedural and the Tribunal could therefore order that failure to comply be disregarded.

Cain Sibley will speak on Forrest & Forrest Pty Ltd v Wilson [2017] HCA 30 concerning whether compliance with requirements for granting exclusive mining rights was essential.

Robert Orr QC will speak on Plaintiff S195/2016 v Minister for Immigration and Border Protection [2017] HCA 31 which considered whether Commonwealth executive power extends to actions which breach the laws of foreign countries.


  • Prof James Stellios »

    Dr James Stellios is a Professor at the ANU College of Law. His primary research interest is constitutional law, and he has published widely in that field. He is the Director of the Centre for International and Public Law.

    James is also a barrister at the NSW Bar and has appeared as junior counsel in a number of High Court and lower court cases.

    Prior to joining the ANU, he spent a number of years in legal practice working for the Attorney-General's Department and the Australian Government Solicitor, principally in the area of constitutional litigation. He has also been Counsel Assisting the Solicitor-General of the Commonwealth.

    James has also been a consultant to Clayton Utz and Sparke Helmore providing advice to the Commonwealth government on a range of administrative law and other public law matters.

  • A/Prof Leighton McDonald »

    Leighton McDonald’s research has traversed a number of areas in public law and legal theory.

    Leighton’s current research is focused on Australian administrative law. He is the co-author of a well-known text in this area and has written number of articles on different aspects of the law of judicial review. Leighton draws on his administrative law expertise in his role as legal adviser to the Senate Standing Committee for the Scrutiny of Bills.

  • Kristy Katavic »

    Kristy practices in all areas of the law with particular experience in public law, administrative and judicial review, freedom of information, road transport legislation, residential tenancy, revenue and tax, occupational regulation/discipline, planning and development, building and construction.

    Before commencing at the ACT Bar, Kristy practiced as a Principal Solicitor with the ACT Government Solicitor specialising in major litigation, regulatory and revenue matters and government advising and litigation generally. Kristy has experience in all ACT Courts and Tribunals.

  • Cain Sibley »

    Specialising in administrative and public law and litigation, Cain has advised a range of government clients on statutory interpretation, administrative law, policy development and implementation, legislative drafting, privacy and freedom of information (FOI). 

  • Robert Orr QC »

    Robert Orr heads the AGS Office of General Counsel in Canberra. Over the years, Robert has played a leading role in developing, implementing and advising on significant Commonwealth policies and laws, in particular in the areas of native title, the environment, energy and possible constitutional change. He was awarded a Public Service Medal in 1994 for his contribution to developing the Native Title Act of 1993 and appointed a Commonwealth QC in 2000.

Research theme: 

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