Party politics, private bodies and prerogative powers: the limits of supervisory review

In this seminar, the speakers will discuss recent developments in the scope and limitations of supervisory review by the Courts including:

• Kairouz v Bracks (No 2) [2021] VSC 671; Asmar v Albanese (No 4) [2021] VSC 672 with discussion of :

          - shifting judicial attitudes towards the justiciability of internal affairs of political parties, as voluntary unincorporated associations

          - the significance of statutory registration, public functions and access to public funding as matters justifying judicial intervention

•   whether a decision of a private body is amenable to judicial review, with reference to two recent cases which considered the application of the Datafin principle in Australia: Vergara v Chartered Accountants ANZ [2021] VSC 34 and Durney v Unison Housing (2019) 57 VR 158.

• how courts conduct judicial review of non-statutory executive powers, whether the grounds of review are the same as those that apply to statutory powers, Attorney-General (Cth) v Ogawa (2020) 281 FCR 1 and “subject matter” immunity from judicial review.

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This is an in-person event and will also be available online via live stream.