Leeming on Crime and Administrative Law

Mark Leeming (The University of Sydney Law School) has posted Justice Basten and the new frontiers of administrative law: crime, tort and contract ((2022) 29 Australian Journal of Administrative Law 92-98) on SSRN. Here is the abstract:

 

This appreciation of Justice Basten’s judicial and extra-judicial contribution to
administrative law focuses upon three areas outside the mainstream: in crime, tort and
contract. These areas of administrative law at the State level have seen considerable
developments over the last two decades, coinciding with the intrusion of statute into areas
traditionally regulated by common law (such as assessments of personal injury in motor
vehicle and industrial accidents and adjudicators’ determinations in construction claims)
and with the recognition of a constitutionally entrenched supervisory jurisdiction for
jurisdictional error. The article identifies some of his significant judgments and writings in
these areas, and the nature of the influence they enjoy. The article also mentions Basten JA’s
awareness of the significance of language – the text of the statute, and the label used to
describe legal principle.