Published July 10, 2014
Reference - 448 Pages
ISBN 9781862879560 - CAT# Y173553
Justice in Tribunalsis a specialist work on the common law and statutory rules governing decisions of administrative tribunals, executive officers, government departments, professional societies, commercial associations, trades unions, sporting bodies, social clubs and political parties, affecting the rights of individuals. It explains the different procedures used to challenge statutory as well as private ("domestic") rulings. Previous editions have been cited with approval by courts in New Zealand and several Australian jurisdictions.
This new edition goes well beyond the generalities of "natural justice" to examine numerous examples of that ideal in action. They are arranged according to various stages of decision-making - notice of the charge or claim, urgent action, legal representation, standards of proof, significance of the law of evidence, procedure at the hearing, errors of law or due process, and the articulation of reasons for a decision.
A special chapter deals with the conduct of public inquiries, such as Royal Commissions, which do not formally determine rights and duties of individuals.
1. The Scope of This Text 2. Jurisdiction over Statutory Tribunals 3. Judicial Control of Domestic Tribunals in Non-Livelihood Cases 4. Private Tribunals and Restraint of Trade 5. Statutory Jurisdiction over Domestic Tribunals 6. Legal Error (Natural Justice Aside) 7. Natural Justice: General 8. Commencing Proceedings: A Right to be Heard? 9. Urgent Action and the Right to be Heard 10. Notice of the Hearing 11. Does Natural Justice Imply a Right to Counsel? 12. The Hearing 13. Are Reasons Part of a Fair Hearing? 14. Can There Be Fairness Without an Internal Appeal? 15. The Twin Pillar: The Rule Against Bias 16. Remedies 17. Non-Determinative Inquiries