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Administrative law

We have a thorough understanding of administrative law and regulatory issues relevant to the public and private sectors. 

Administrative Law

Holding Redlich offers the expertise of lawyers who have not only acted for Government as external legal advisors but who have also worked within Government. 

Expertise

Our expertise includes acting for Commonwealth and State departments and authorities, large corporations and professional bodies in the following areas:

  • judicial review (Federal Court and Supreme Court)
  • prerogative relief in the High Court of Australia
  • merits review (Commonwealth Administrative Appeals Tribunal and State Tribunals)
  • statutory interpretation
  • FOI
  • Royal Commissions and other public inquiries
  • drafting of by-laws and other instruments.

Experience

  • acting on behalf of individuals appearing before the AWB Cole Royal Commission
  • acting on behalf of the Victorian Government and government officials appearing before the Cole Royal Commission into the building industry
  • acting for refugees challenging decisions of the Minister for Immigration and departmental officials in the Federal Court and High Court, including in the Tampa case
  • acting for various superannuation fund trustees, the Victorian Workcover Authority and other statutory decision makers in relation to VCAT merits review of decisions
  • advising and acting for various commercial clients in relation to investigations by ASIC, APRA, Australian Crime Commission and other statutory investigatory bodies
  • acting for Frasers Property in relation to the redevelopment of former Carlton & United Breweries site in Sydney. This included successfully defending administrative law proceedings in the Land and Environment Court against the concept plan approval granted by the Minister for Planning.

Further Experience

  • acting for Today FM Sydney in a landmark High Court judicial review proceeding against ACMA relating to its investigation report into the well-known “Royal Prank” call incident
  • acting for Today FM Sydney in an AAT review of a decision by ACMA to impose additional licence conditions under a commercial radio broadcasting licence
  • acting for Beyond International in the first AAT review of a decision by Screen Australia to refuse to grant a producer offset certificate
  • acting for the OAIC in a high profile AAT review, relating to a determination that the operator of a global crowdsourcing marketplace had breached a complainant’s privacy
  • acting for the OAIC in the first referral to the Federal Court on a question of law arising under FOI legislation
  • acting for the OAIC in several Federal Court judicial review proceedings relating to determinations under privacy legislation
  • acting for 2UE Sydney in a high-profile Federal Court of Australia proceeding relating to the decision by the ACMA to impose civil penalties against the licensee for breaches of broadcasting legislation
  • acting for a former Cabinet minister appearing before the Royal Commission into the Home Insulation Program
  • acting for individuals and organisations appearing before the Royal Commission into Trade Union Governance and Corruption.


Key Contacts

Elizabeth Carroll

Elizabeth Carroll

Partner

Canberra
Greg Wrobel

Greg Wrobel

Partner

Sydney
Howard Rapke

Howard Rapke

Partner

Melbourne
Ian Robertson AO

Ian Robertson AO

Partner and Chair

Sydney
Joanne Jary

Joanne Jary

Partner

Brisbane
Sarah Byrne

Sarah Byrne

Partner

Canberra
Helen Sims

Helen Sims

Special Counsel

Sydney
Lachlan Speak

Lachlan Speak

Senior Associate

Melbourne
David Shaw

David Shaw

Consultant

Melbourne

Recent Posts

20 February 2024 - Knowledge

‘The Idea of Perfection’ – when is your administrative decision truly complete?

#Government, #Administrative Law

We discuss the elements of a ‘perfected’ decision – that is, one which is legally complete and not capable of being unilaterally withdrawn by the decision-maker.

07 June 2023 - Knowledge

HVNL: Contraventions of primary and safety duties

#Transport, Shipping & Logistics, #Administrative Law, #Dispute Resolution & Litigation

A recent tribunal decision gives insight into what is, and will be ‘reasonably practicable’ in the context of establishing potential contraventions of primary and safety duties under the Heavy Vehicle National Law.

19 January 2023 - Knowledge

NSW Government Bulletin summer edition: Navigating public sector risks and threats

#Government, #Administrative Law, #Intellectual Property, #Workplace Relations & Safety

In this special edition, we explore ways in which the public sector can navigate through some of the risks and threats facing government this year.

28 March 2022 - Knowledge

Third party access declaration may be terminal without logic and reason

#Administrative Law, #Competition & Consumer Law

A recent Queensland Supreme Court judicial review decision provides interesting insight into the court’s interpretation and ultimate operation of the new access criteria that apply to the third party access regimes under Queensland and Commonwealth competition legislation.

19 January 2022 - Knowledge

NSW Government Bulletin – summer edition

#Government, #Administrative Law, #Corporate & Commercial Law, #Dispute Resolution & Litigation, #Procurement, #Property, Planning & Development, #Workplace Relations & Safety

In this edition, we explore various skills to help you reset and reinvigorate for what lies ahead for the public sector in 2022.

Holding Redlich respectfully acknowledges the Traditional Owners of the land on which we operate as the continuing custodians of this land. We recognise their continuing connection to Country, practices, knowledge systems and communities. We pay our respects to Elders, past and present.

Holding Redlich © 2024