ANU Law scholarship cited by highest courts in New Zealand and Victoria

Image shows from left James Stellios, Will Bateman and Leighton McDonald
From left: Professor James Stellios, Dr Will Bateman, and Associate Professor Leighton McDonald.

It is heartening to see the tradition continuing with these two citations of ANU public law scholarship by influential appellate courts in Australia and overseas.

New Zealand’s highest court, the Supreme Court, has cited research by two law scholars at The Australian National University, in its judgement about legislation and its consistency with New Zealand’s Bill of Rights Act.

The court referred to Dr Will Bateman and Professor James Stellios’ scholarship on constitutional dimensions of human rights law in its Attorney-General v Taylor [2018] NZSC 104 decision in a case involving prisoners’ eligibility to vote.

Dr Bateman and Professor Stellios’s work was published in ‘Chapter III of the Constitution, Federal Jurisdiction and Dialogue Charters of Human Rights (2012) 36 Melbourne University Law Review 1.

Victoria’s highest court, the Victorian Court of Appeal, also cited scholarship on the structure of Australian administrative law by Dr Bateman Associate Professor Leighton McDonald, in a judgement raising issues about judicial review, commercial law and property development.

The judgement,  Ian Street Developer v Arrow International [2018] VSCA 294, cited Dr Bateman and Professor McDonald’s article, ‘The Normative Structure of Australian Administrative Law’ (2017) 45 Federal Law Review 153.

“The ANU Law School has a rich tradition of engaging with the cutting edge of public law doctrine,” Dr Bateman says.

“It is heartening to see the tradition continuing with these two citations of ANU public law scholarship by influential appellate courts in Australia and overseas.”

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team