Dr Greg Weeks BA (Sydney), MBus (UTS), LLB (UNSW), PhD (UNSW)

Transcription

1 Dr Greg Weeks BA (Sydney), MBus (UTS), LLB (UNSW), PhD (UNSW) Senir Lecturer, ANU Cllege f Law, Australian Natinal University Canberra ACT 0200, Australia Phne: greg.weeks@anu.edu.au Educatin PhD in Laws, University f New Suth Wales Awarded I held an Australian Pstgraduate Award schlarship during my candidacy fr this degree. My thesis, Australian Public Authrities Which Breach Their Sft Law: Remedies and Suggested Refrms, which was supervised by Prfessrs Mark Arnsn and Theunis Rux, received the UNSW PhD Excellence Award Bachelr f Laws, University f New Suth Wales Awarded I was ranked 14 th in my graduating chrt f 247 students, with an average mark f 80.29%. Mark Arnsn supervised my research thesis n judicial review f pr quality decisins Master f Business (Emplyment Relatins), University f Technlgy, Sydney Awarded Bachelr f Arts, University f Sydney Awarded Majred in Histry. Hnurs and Awards Australian Pstgraduate Award schlarship, UNSW Law PhD Excellence Award, UNSW Law Schl Research Fellwship, Grants UNSW Law 2017 Law Wrkshp Supprt Scheme (with assciated funding frm the Gilbert + Tbin Centre f Public Law) fr Sft Law in Administratin Wrkshp (with Prfessr Simn Halliday) $14,300 Publicatins Bks Sft Law and Public Authrities: Remedies and Refrm (Hart Publishing, Oxfrd, 2015); Reviewed by: Peter Cane (2016) 23 Trts Law Jurnal 83; Justice Alan Rbertsn (2016) 27 Public Law Review 236; Rachael Gray (2016) 90 Australian Law Jurnal 911; Rbin Creyke (2017) 24 Australian Jurnal f Administrative Law (frthcming). Judicial Review f Administrative Actin and Gvernment Liability (6 th ed, Thmsn Reuters, 2017) (with Mark Arnsn and Matthew Grves). Edited Bks Legitimate Expectatins in the Cmmn Law Wrld (Hart Publishing, Oxfrd, 2016) (with Matthew Grves).

2 Publicatins (cntinued) Bk Chapters A Search fr Rights: The Histry f Judicial Respnses t Migratin and Refugee Cases in J Bughey, M Grves and D Meagher (eds), The Legal Prtectin f Human Rights in Australia (Hart Publishing, 2017), (frthcming, with Jane McAdam); Gvernment Accuntability as a Cnstitutinal Value in R Dixn (ed), Australian Cnstitutinal Values (CUP, 2017), (frthcming, with Janina Bughey); What Can We Legitimately Expect frm the State? in M Grves and G Weeks (eds), Legitimate Expectatins in the Cmmn Law Wrld (Hart Publishing, 2016) ; The Legitimate Expectatin as an Instrument and Illustratin f Cmmn Law Change in M Grves and G Weeks (eds), Legitimate Expectatins in the Cmmn Law Wrld (Hart Publishing, 2016) 1 16 (with Matthew Grves); The Essence f a Fiduciary Relatinship: Justice Masn s dissent in Hspital Prducts Limited v United States Surgical Crpratin (1984) in A Lynch (ed), Great Australian Dissents (Cambridge University Press, 2016), (with Simne Degeling); Dping in Sprt: What Rle fr Administrative Law? in U Haas and D Healey (eds), Dping in Sprt and the Law (2016) (with Narelle Bedfrd); The Legitimacy f Expectatins Abut Fairness: Can Prcess and Substance Be Untangled? in J Bell et al (eds), Public Law Adjudicatin in Cmmn Law Systems: Prcess and Substance (Hart Publishing, 2015) (with Matthew Grves); K Hughes, Cughlan and the Develpment f Public Law in S Juss and M Sunkin (eds), Landmark Cases in Public Law (Hart Publishing, 2017) (frthcming). Substantive (Prcedural) Review in Australia in M Ellitt and H Wilberg (eds), The Scpe and Intensity f Substantive Review: Traversing Michael Taggart s Rainbw (Hart Publishing, Oxfrd, 2014) (with Matthew Grves); Nightingale v Blacktwn City Cuncil [2015] NSWCA 423, [33] (Basten JA); Justice Alan Rbertsn, What is Substantive Judicial Review? Des it Intrude n Merits Review in Administrative Decisin-Making? (2016) 85 AIAL Frum 24 at [36]; Justice Alan Rbertsn, 'Administrative Law Making a Difference', presented at the 2016 AIAL Natinal Administrative Law Cnference, Brisbane, July 2016); Leightn McDnald, 'Reasns, Reasnableness and Intelligible Justificatin in Judicial Review' (2015) 37 Sydney Law Review 467 at Hlding Gvernment t its Wrd: Expectatin, Estppels and Substantive Unfairness in Administrative Law in M Grves (ed), Mdern Administrative Law in Australia: Cncepts and Cntext (Cambridge University Press, Melburne, 2014), Creyke, R, McMillan, J and Smyth, M, Cntrl f Gvernment Actin: Text, Cases and Cmmentary, (4th ed, 2015), 813. Articles The Public Law f Restitutin (2014) 38 Melburne University Law Review Masn, K, Carter, J and Tlhurst, G, Masn and Carter's Restitutin Law in Australia, (3 rd ed, 2016), 784; 794; 797; and 804. The Use and Enfrcement f Sft Law by Australian Public Authrities (2014) 42(1) Federal Law Review Cane, P, Cntrlling Administrative Pwer: An Histrical Cmparisn (CUP, 2016), 272; Creyke, R, McMillan, J and Smyth, M, Cntrl f Gvernment Actin: Text, Cases and Cmmentary, (4th ed, 2015), ; Kels s The Law Firm, Submissins in Respnse t Issues Paper 6: Redress Schemes released by the Ryal Cmmissin int Institutinal Respnses t Child Sexual Abuse, 23 April 2014; Daly, P, 'Sft Law and Religius Freedm: Ishaq v Minister f Citizenship and Immigratin, 2015 FC 156', (22 February 2015) Administrative Law Matters. 2

3 Publicatins (cntinued) Articles (cntinued) Advance Tax Rulings in Perspective: A Theretical and Cmparative Analysis (2014) 21 New Zealand Jurnal f Taxatin Law and Plicy (with Benjamin Alarie, Kalmen Datt and Adrian Sawyer). Officers f the Cmmnwealth in the Private Sectr: Can the High Curt Review Outsurced Exercises f Pwer? (2013) 36(1) University f New Suth Wales Law Jurnal (with Janina Bughey). Agricultural Scieties Cuncil f NSW v Christie [2016] NSWCA 331 at [92] (Leeming JA); Cane, P, Cntrlling Administrative Pwer: An Histrical Cmparisn (CUP, 2016), 465 and 470; Creyke, R, McMillan, J and Smyth, M, Cntrl f Gvernment Actin: Text, Cases and Cmmentary, (4th ed, 2015), 129 and 139; Bannister, J, Appleby, G, Olijnyk, A and Hwe, J, Gvernment Accuntability: Australian Administrative Law, (CUP, 2015), 57; The Hn Justice Alan Rbertsn, 'Nthing Like the Curate s Egg' in Williams, N (ed), Key Issues in Judicial Review (Federatin Press, 2014) 165, 174. Achieving Public Law Gals Thrugh Private Law Means: Is This Scial Justice? (2012) 6 Curt f Cnscience A Marriage f Strangers: the Wednesbury Standard in Trt Law (2010) 7 Macquarie Jurnal f Business Law McDnald, L, 'Rethinking Unreasnableness Review' (2014) 25 Public Law Review 117, 126; Australian Netwrk f Envirnmental Defender s Offices, Prductivity Cmmissin Draft Reprt: Barriers t Effective Climate Change Adaptatin, (2012), 4. Estppel and Public Authrities: Examining the Case fr an Equitable Remedy (2010) 4 Jurnal f Equity Invited submissin fr special editin n estppel; cited in: Creyke, R, McMillan, J and Smyth, M, Cntrl f Gvernment Actin: Text, Cases and Cmmentary, (4th ed, 2015), 813; Billings, P and Cassimatis, A, 'Australia's Cdificatin f Judicial Review: Has the Legislative Effrt Been Wrth It?' in Grves, M (ed), Mdern Administrative Law in Australia: Cncepts and Cntext (CUP, 2014), 180, 195-6; Arnsn, M and Grves, M, Judicial Review f Administrative Actin (5 th ed, 2013) at [6.730] and [7.140]; The Hn Justice Duncan Kerr, 'Administrative Law in an Intercnnected Wrld: Where T Frm Here?' (2013) 74 AIAL Frum 34, 44; Du Pnt, G and Lubetsky, MH, 'The Pwer T Audit Is the Pwer T Destry: Judicial Supervisin f the Exercise f Audit Pwers' (2013) 61 Canadian Tax Jurnal 103, 111; Wilken, S and Ghaly, K, The Law f Waiver, Variatin and Estppel (3rd ed, 2012) at 186 (fn 403); Creyke, R and McMillan, J, Cntrl f Gvernment Actin: Text, Cases and Cmmentary (3rd ed, 2012), 726; Grves, M, 'Federal Cnstitutinal Influences n State Judicial Review' (2011) 39 Federal Law Review 399 at 427 (fn 177). Private Law Litigatin Against the Gvernment: Are Public Authrities and Private Actrs Really 'the Same?' (2010) UNSWLRS 68. RP Balkin and JLR Davis, Law f Trts, (5th ed, LexisNexis Butterwrths, 2013),

4 Publicatins (cntinued) Articles (cntinued) The Expanding Rle f Prcess in Judicial Review (2008) 15 AJ Admin L Bhatta v MIAC [2011] FMCA 971 at [46] (Llyd-Jnes FM); Arnsn, M and Grves, M, Judicial Review f Administrative Actin (5 th ed, 2013) at [7.290]; Edgar, A Public and Private Interests in Australian Administrative Law (2013) 36 University f New Suth Wales Law Jurnal 202, 222; Grves, M Shuld the Administrative Law Act 1978 (Vic) be repealed? (2010) 34 Melburne University Law Review 451 at 465; Arnsn, M, Dyer, B and Grves, M, Judicial Review f Administrative Actin (4 th ed., 2009) at 16, 412, 478 and 512; Reinhardt, G, Recent Develpments in Prcedural Fairness, address t the AIJA Tribunals Cnference (Gld Cast, 5 & 6 June 2008) at 4; Blissenden, M, Infrmatin Gathering by the Cmmissiner: Des it Matter Whether yur Advisr is a Lawyer r Accuntant? The Impact f the White Industries Case (2008) 1 JALTA 345 at 347; Arnsn, M, Prcess, Quality, and Variable Standards: Respnding t an Agent Prvcateur in Dyzenhaus, D, Hunt, M and Huscrft, G, A Simple Cmmn Lawyer: Essays in Hnur f Michael Taggart (2008) 5 at 8. Litigating Questins f Quality (2007) 14 AJ Admin L Justice Alan Rbertsn, What is Substantive Judicial Review? Des it Intrude n Merits Review in Administrative Decisin-Making? (2016) 85 AIAL Frum 24 at [36]; Justice Alan Rbertsn, 'Administrative Law Making a Difference', presented at the 2016 AIAL Natinal Administrative Law Cnference, Brisbane, July 2016); Justice Alan Rbertsn, Is judicial review qualitative and t what extent des it tend t: merits as ppsed t legality, substance as ppsed t prcess and plicy as ppsed t law?, presented at the Public Law Cnference: Prcess and Substance in Public Law, University f Cambridge, Faculty f Law, September 2014 at [82]; Duglas, R and Head, M, Duglas and Jnes' Administrative Law (7 th ed., 2014) at 478; Duglas, R, Duglas and Jnes' Administrative Law (6 th ed., 2009) at 460; Taggart, M, 'Australian Exceptinalism' in Judicial Review (2008) 36(1) Federal Law Review 1 at 12; Taggart, M, Prprtinality, Deference, Wednesbury [2008] New Zealand Law Review 423 at 427. Superannuatin Cmplaints Tribunal and the Public / Private Distinctin in Australian Administrative Law (2006) 13 AJ Admin L Case Ntes Creyke, R, McMillan, J and Smyth, M, Cntrl f Gvernment Actin: Text, Cases and Cmmentary, (4th ed, 2015), 139; Creyke, R and McMillan, J, Cntrl f Gvernment Actin: Text, Cases and Cmmentary (3rd ed, 2012) at 117; Creyke, R and McMillan, J, Cntrl f Gvernment Actin: Text, Cases and Cmmentary (2 nd ed., 2009) at 137; Pearsn, G, Financial Services Law and Cmpliance in Australia (2008) at 490. The High Curt n Repudiatin f Cntract (2008) 119 Australian Cnstructin Law Newsletter Case nte: Civic Capital Ltd v Australian Securities and Investments Cmmissin (2008) 15 AJ Admin L

5 Publicatins (cntinued) Submissins Department f Attrney-General and Justice (NSW), Refrm f Judicial Review in NSW (11 April 2011). Administrative Review Cuncil, Judicial Review in Australia (1 July 2011). The Administrative Review Cuncil s Federal Judicial Review in Australia, Reprt N 50 (released 24 September 2012) relied substantially n my submissin in drawing its cnclusins n certain issues and cited it n numerus ccasins. Jint Select Cmmittee n Australia s Immigratin Detentin Netwrk (with Jane McAdam, Fina Chng and Alice Nda, 11 August 2011). We gave evidence t the Cmmittee in supprt f this submissin n 5 Octber The Department f Immigratin and Citizenship has implemented sme f the recmmendatins made in this submissin, including that asylum seekers held in cmmunity detentin be prvided with pht ID t assist them in btaining essential services. Bk Reviews Leading Cases in Australian Law: A Guide t the 200 Mst Frequently Cited Judgments by Daniel Reynlds and Lyndn Gddard (2016) 24 AJ Admin L (frthcming). Judicial Remedies in Public Law (5th ed) by The Hn Mr Justice Clive Lewis QC (2015) 23 AJ Admin L Administrative Justice and its Availability by Justice Debra Mrtimer (ed) (2015) 23 AJ Admin L Justice in Tribunals (4th ed) by JRS Frbes (2015) 22 AJ Admin L Statutry Interpretatin in Australia (8th ed) by DC Pearce and RS Geddes (2015) 22 AJ Admin L Public Law: Text, Cases, and Materials (2nd ed) by Andrew Le Sueur, Maurice Sunkin and J Eric Khushal Murkens (2014) 22 AJ Admin L Australian Public Law (2nd ed) by Gabrielle Appleby, Alexander Reilly and Laura Grenfell (2014) 22 AJ Admin L Judicial Review: The Laws f Australia by Mark Rbinsn (ed) (2014) 22 AJ Admin L 63. Murray Gleesn: The Smiler by Michael Pelly (2014) 21 AJ Admin L Twards a Public Law f Trt by Tm Crnfrd (2009) 17 Trts Law Jurnal Hgg, P, Mnahan, P and Wright, W, Liability f the Crwn (4th ed, 2011) at 209 (fn 282) and 210 (fn 284); Fster, N, The Merits f the Civil Actin fr Breach f Statutry Duty (2011) 33 Sydney Law Review 67, 76. Editrials The Decline f the Legitimate Expectatin (2017) 24(2) AJ Admin L (frthcming). Farewell t Damien Cremean; Submissins; Current Issues (2017) 24(1) AJ Admin L (frthcming). Prtectin f Refugees Wh D Nt Live Discreetly (2015) 346 Australian Administrative Law Bulletin 5. The Clsure f the Office f the Australian Infrmatin Cmmissiner (2014) 342 Australian Administrative Law Bulletin 5. 5

6 Publicatins (cntinued) Cnference Papers Sft Law: Effective Regulatin, Perilus fr the Regulated, presented at the AGS Administrative Law Frum, Canberra, 11 Nvember Gverning Withut Parliament: the Impact f Sft Law, presented at New Theries f the State s Authrity: Beynd the Separatin f Pwers, Natinal University f Singapre, 31 Octber - 2 Nvember Self-regulatin and Sft Law, presented at the Regulatin, Litigatin and Enfrcement: Adjuncts & Alternatives t Traditinal Enfrcement Seminar, UNSW Law, 23 September Gvernment Accuntability as a Cnstitutinal Value, presented at the Australian Cnstitutinal Values Wrkshp, UNSW Law, 10 June 2016 (with Janina Bughey). Sft Law in the Jurisdictin f the Land and Envirnment Curt, presented at a Twilight Seminar fr the Land and Envirnment Curt f New Suth Wales, 13 April Justice Masn and the Essence f a Fiduciary Relatinship: Hspital Prducts Limited v United States Surgical Crpratin (1984), presented at the Great Australian Dissents Wrkshp, UNSW Sydney, 9 June 2015 (with Simne Degeling). The Legitimacy f Expectatins Abut Fairness: Can Prcess and Substance be Untangled?, presented at the Public Law Cnference: Prcess and Substance in Public Law, University f Cambridge, Faculty f Law, 16 September 2014 (with Matthew Grves). The Use f Sft Law by Australian Public Authrities: Issues and Remedies, presented at the Practice and Thery f Sft Law Academic Sympsium, Peking University Sft Law Centre, 9 July I was invited t deliver this paper as a leading Australian researcher n sft law. Pearce, D and Argument, S, Delegated Legislatin in Australia (4th ed, 2012) at 33; Creyke, R and McMillan, J, Cntrl f Gvernment Actin: Text, Cases and Cmmentary (3rd ed, 2012) at 672. A Marriage f Strangers: the Wednesbury standard in trt law, presented at the Gilbert + Tbin Centre f Public Law Pstgraduate Research Cnference, UNSW, 12 July Selected Media Australian Crrespndent and regular invited cntributr t the United Kingdm Cnstitutinal Law Assciatin Blg ( This Is Nt Judicial Activism, cmment in New Matilda (1 September 2011), Televised interview with Jane Hutchen n ABC News 24 and radi interview with Jill Embersn n ABC Newcastle in relatin t the High Curt s decisin in M70 (The Malaysian Slutin Case) (1 September 2011); My cmments have als been reprted in media including the Australian Financial Review, Wall Street Jurnal and Daily Telegraph. 6

7 Prfessinal Experience Australian Natinal University January 2017 present Senir Lecturer, 2017 I teach in the cmpulsry Administrative Law and Cntracts curses. University f New Suth Wales, Faculty f Law February 2010 December 2016 Lecturer, Senir Lecturer, I taught and cnvened Administrative Law and Advanced Administrative Law. University f Technlgy, Sydney, Faculty f Law February 2009 December 2010 Lecturer (Trts and Administrative Law) University f Sydney, Discipline f Business Law February 2007 Nvember 2009 Lecturer (Legal Envirnment f Business) Crrs Chambers Westgarth Nvember 2005 December 2008 Slicitr in the Litigatin, Banking and Finance, and Intellectual Prperty grups. Memberships and Assciatins General Editr, Australian Jurnal f Administrative Law, Editr, Federal Law Review, Editrial Bard Member, ANU Press, Bk Reviews Editr, Australian Jurnal f Administrative Law, General Editr, Australian Administrative Law Bulletin, Australian crrespndent fr the United Kingdm Cnstitutinal Law Assciatin Blg, Cntributing Editr (Administrative Law) fr LexisNexis Cncise Australian Legal Dictinary (5 th ed) Australian reprter fr De Smith's Judicial Review (8th ed, 2018) Admitted as a Slicitr f the Supreme Curt f New Suth Wales Admitted as a Slicitr f the High Curt f Australia Member, Australian Institute f Administrative Law Special Cunsel, Whittens and McKeugh Lawyers and Cnsultants, Sydney References available by request 7