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Waiver of Natural Justice

journal contribution
posted on 2019-12-09, 00:00 authored by Matthew GrovesMatthew Groves
The hearing rule and the rule against bias comprise the twin pillars of natural justice. There is a detailed body of case law about waiver of the bias rule but little about waiver of the hearing rule. This article examines the few cases dealing with waiver of the hearing rule. Attention is given to two decisions of intermediate courts – one from the Victorian Court of Appeal, the other from the Court of Appeal of England and Wales – which have examined waiver of natural justice in some detail. The article argues that waiver of the hearing rule should be possible because it can be sensible and consistent with the key rationales of natural justice.

History

Journal

Adelaide Law Review

Volume

40

Issue

3

Pagination

641 - 665

Publisher

University of Adelaide

Location

Adelaide

ISSN

0065-1915

Language

English

Publication classification

C1 Refereed article in a scholarly journal

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