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The Hardiman rule

journal contribution
posted on 2012-01-01, 00:00 authored by Matthew GrovesMatthew Groves
In R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 the High Court held that tribunals should not participate actively in judicial review proceedings of their decisions. The High Court was concerned to preserve the perceived impartiality of tribunals, if the decision under review was remitted for its further consideration. In the thirty years since the Hardiman case, the rule for which that case is known has expanded in its scope and attracted an increasing number of exceptions. This article examines the purpose and scope of the Hardiman rule. It argues that the many exceptions to the Hardiman rule give the rule considerable flexibility. Where questions arise about the appropriate role that a tribunal or like body should assume in court proceedings involving one of its decisions, the most important factor appears to be whether there is an active contradictor.

History

Journal

Adelaide law review

Volume

33

Issue

2

Pagination

371 - 397

Publisher

University of Adelaide, Law School, Adelaide Law Review Association

Location

Adelaide, S. Aust.

ISSN

0065-1915

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

2012, Adelaide Law Review Association

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