Administrative Law

MinterEllison's administrative and public law practice has advised on significant issues pertaining to machinery of government, the structure and functioning of administrative law and decision-making processes, and the accountabilities of the administrative law, responsible government and external scrutiny systems.

We support government clients in making effective decisions that will withstand judicial scrutiny or merits review. We do this by advising on the interpretation and application of legislation and decision-making processes, and in helping to draft decisions and statements of reasons. Our lawyers are active members of the Institute of Public Administration Australia, the Australian Corporate Lawyers Association and the Australian Institute of Administrative Law.

Administrative and public law matters often call for dispute resolution skills. Our lawyers have appeared for government clients across a variety of forums including the Administrative Appeals Tribunal (AAT), Federal Magistrates Court, Federal Court and the High Court of Australia. We apply our deep technical knowledge of the law in a practical way, and with regard to policy parameters. In this way our team assist our government clients in the exercise of administrative functions in a publicly accountable and defensible manner, to ensure that the exercise of those functions are not impugned by inappropriate challenges.

11 December 2013

The NSW Civil and Administrative Tribunal (NCAT) is expected to commence operation on 1 January 2014. As the first 'super tribunal' in NSW, NCAT will take over the jurisdiction of 22 exiting state tribunals, including the Administrative Decisions Tribunal, the Consumer Trader and Tenancy Tribunal, the Medical Tribunal and the Local Government Pecuniary Interest and Disciplinary Tribunal.

2012/2013

This user friendly guide provides answers to some of the most common questions companies face when employing foreign nationals or nationals working abroad. Our Employment Law team dissect the legislation to give you clear advice on employment restrictions, recruitment checks and the 'permission to work' approval process. A step by step section will explain the rights, obligations and entitlements of both parties under the employment contract, including an overview of remuneration and bonuses, tax payments and lawful termination procedures.

16 January 2013

On 31 December 2012, the China International Economic and Trade Arbitration Commission (CIETAC), a foreign-related arbitration commission set up by the China Council for the Promotion of International Trade (also known as the China Chamber of International Commerce) (CCPIT), released its Announcement on Issues Concerning CIETAC Shanghai Sub-Commission and CIETAC South China Sub-Commission" (the Latest Announcement). This is the latest development in a dispute, which has been on foot since April 2012, between CIETAC, the Shanghai Sub-Commission of CIETAC (CIETAC Shanghai), and the Shenzhen Court of International Arbitration (SCIA) (the CIETAC Dispute). SCIA was known as the South China Sub-Commission of CIETAC before 22 October 2012.