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Reviewing reasons for administrative decisions: 'Wingfoot Australia Partners Pty Ltd v Kocak'

journal contribution
posted on 2013-09-01, 00:00 authored by Matthew GrovesMatthew Groves
In Public Service Board of NSW v Osmond (1986) 159 CLR 656, the High Court held that there is no general duty to provide reasons for administrative decisions. The rule in Osmond has been criticised by scholars and greatly qualified by the introduction of statutory duties to give reasons. This 'Before the High Court' examines the rule established in Osmond, the case for and against a general common law duty to provide reasons, and the various statutory duties to provide reasons. It also considers the recent law of several other common law jurisdictions, by which the courts have recognised limited duties to provide reasons for administrative decisions. The pending case of Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA Trans 105 ('Kocak'), for which special leave was granted on 10 May 2013, provides an occasion for limited but important change to the law.

History

Journal

Sydney law review

Volume

35

Issue

3

Pagination

627 - 654

Publisher

Sydney Law School

Location

Sydney, N.S.W.

ISSN

0082-0512

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

2013, University of Sydney, Faculty of Law

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