Legal Publications

Several chapters in M Robinson (ed) Judicial Review - 2014

The Laws of Australia (Thomson Reuters, 2010)

Western Australia and the Gorgon Gas Project - 2010

chapter 7 in the book by T. Bonyhady & A MacIntosh (eds): Mills, Mines & Other Controversies (Federation Press, 2010).

The case for a WA Human Rights Bill - 2007

December 2007 (vol 34.11) Brief p 35-8.

Watching over the Watch-Dogs: Regulatory Theory and Practice, with Particular Reference to Environmental Regulation - 2004

(with L MacIntosh), in Justice M Barker (ed) Appraising the performance of regulatory agencies (2004; ISBN 0 95853126 9) p 89.

Privatisation and Contracting Out – Where are we going? - 1998

in J McMillan (ed) Administrative Law under the Coalition Government (1998) p 135 (Positive comments by Dr Nick Seddon (the author of the monograph Government Contracts) on this paper in J McMillan (ed) Administrative Law under the Coalition Government (1998) at 146).

The judicial review of contractual powers - 1997

in Pearson L (ed) Administrative Law: Setting the Pace or being left behind? (1997) (Proceedings of the Australian Institute of Administrative Law Inc's Forum, 1996, Sydney, NSW) p 432 - 463. (This paper was referred to by Finn J in Hughes Aircraft Systems International v Airservices Australia (1997) 76 FCR 151 at 196A.)

The High Court Breaks New Ground: Freedom of Speech and Civil Defamation - 1995

"The High Court Breaks New Ground: Freedom of Speech and Civil Defamation" (with S-J Price), in Brief, Vol 22.1, February 1995, 8-12. "Administrative Law: Choice of Remedies" (1995) 6 AIAL Forum 9. Annual update to own contributions in Laws of Australia with re-write of chapter on Damages in Administrative Law, in the light of Mengel’s case.

Australian Odyssey 2001: Destination a Republic? - 1994

in Brief, Vol 21.6, July 1994, 16-21. Annual update to own contributions in Laws of Australia, 10 pages (original publication below, under 1993).

Law Book Company Laws of Australia, Vol 2, “Administrative Law” (total contribution in excess of 80,000 words) – republished in 2014 - 1993

• Subtitle 2.3, "Reviewable Decisions...", REVIEW OF CONTRACTUAL POWERS, paragraphs [43] to [53];
• Subtitle 2.6, "Remedies in Judicial Review":
  • Chapter 1, "Definition and Scope", paragraphs [1] to [4];
  • Chapter 4, "Prerogative Orders", paragraphs [79] to [142];
  • Chapter 10, "Damages", paragraphs [277] to [278];
  • Chapter 11, "Effect of Invalid Administrative Action...", paragraphs [279] to [288].

Awarded Doctorate in Law (LLD) by University of Cape Town on thesis - 1987

An Evaluation of Aspects of Group Areas Legislation in South Africa". This entailed a critical examination of this piece of apartheid legislation in the light of general principles of constitutional and administrative law, and the interaction between the statutory regime and common law rights of ownership, possession and occupation. It also contained a jurisprudential analysis of the case law in this area.

Legal Skills & Ethics for Government Lawyers - 2019

Legal Skills & Ethics for Government Lawyers: "Statutory Interpretation", seminar presented on 28 July 2010 at the Parmelia Hilton for LegalWise. "The role of environmental factors in determining compensation for land expropriated by state bodies in WA", seminar presented on 15 June 2010 at Malleson Stephen Jacques for NELA. "Expert Valuation Evidence, with specific reference to Land Compensation Cases", Seminar 6, WA Bar Readers Course: presented on 10 June 2010 at Minter Ellison. "Environmental, sustainability and climate change law: The Gorgon Gas project on Barrow Island: Issues for environmental impact assessment in Western Australia", seminar presented on 9 March 2010 at Murdoch University "Human Rights in Statutory Interpretation: Commonwealth and WA Perspectives", seminar presented on 18 November 2010 at the Parmelia Hilton for LegalWise.

Environmental Impact Assessment - 2009

seminar presented on 4 June 2009 at the University of Western Australia, Law School

The Gorgon Gas Project on Barrow Island - 2008

"The Gorgon Gas Project on Barrow Island – Issues for Environmental Impact Assessment in Western Australia", seminar presented on 20 August 2008 at Murdoch University. The State of Environmental Assessment: A National Conference: WA Chapter, seminar presented on 23 May 2008 at ANU College of Law Canberra: "The Gorgon Gas Project on Barrow Island". “The constitutional obligations of South African municipalities, with particular reference to the eviction of squatters”, seminar presentation at the Legal Resources Centre, Cape Town, South Africa, 25 February 2008.

Environmental Protection Act further explained: The Elwood decision - 2007

seminar presented on 30 October 2007 at Minter Ellison for EDO / NELA.

Seminar: “The Distinction between Law and Policy in Administrative Law, and implications for the implementation of international agreements” - 2006

17 February 2006, at the Trade Law Centre, Stellenbosch, South Africa.

Lunch time seminar for WA Chapter of Australian Institute of Administrative Law Inc (AIAL) on 17 June 2003 - 2003

The Proposed State AD(JR) Act

Senior co-author of a paper presented at one of the plenary sessions of the Australian Institute of Administrative Law Inc at its annual national forum, held in Fremantle in July 2002 - 2002

The title of the paper was: "Watching over the Watch-Dogs: Regulatory Theory and Practice, with Particular Reference to Environmental Regulation".

The EDO’s and the Management of Native Forests – two perspectives on Australian Environmental Law - 1998

paper given at the International Environmental Law Conference, Cape Town, South Africa, 16-17 April 1998.

Contracting Out and Its Legal Implications - 1997

paper presented at the WA Law Society Seminar "Contracting with Government", 19 November 1997, Perth. Chaired WA Law Society Seminar "An overview of Native Title", 8 September 1997, Perth. Chaired round table conference of lawyers and officials to discuss, with representatives of the federal Administrative Review Council, issues arising from the Council's Issues Paper Contracting Out - Perth, 1 July 1997. Conference Paper "Privatisation and Contracting Out - Where are we going?", presented at the 1997 Forum of the AIAL (Inc), entitled: "Administrative Law under the Coalition Government", 1 May 1997, Canberra.

The Coastal Water Alliance case - 1996

lunch time seminar presented for NELA, WA branch, 24 September 1996, Perth. Conference Paper "The Judicial Review of Contractual Powers", presented at the 1996 Forum of the AIAL (Inc), entitled: "Administrative Law: Setting the Pace or Being Left Behind?" 12 April 1996, Sydney.

Member of Joint Law Society and AIAL Inc (WA Chapter) contact group liaising with the WA Department of Justice inquiry concerning Tribunals Review - 1995

written input to and discussion with the members of the inquiry on all aspects of its terms of reference. 9 November 1995: Written Submission to the ASC on its information release 95/31: "Benefits in Takeover Bids". Wrote report for WA Law Society’s Constitutional and Parliamentary Affairs Committee on proper scope for Whistleblower legislation; accepted by Law Society Council, and reported in the West Australian of 17 October 1995, p 39. Paper presented to the seminar by the Law Society of WA and the AIAL (Inc), WA Branch, on "Challenging the ASC", entitled: "Challenging ASC Exemptions relating to the Acquisition of Shares", 3 October 1995, Perth. Chaired session of University of WA Law School’s "Civil Remedies Conference", 25 August 1995, Perth. Conference Paper: "Environmental Litigation: Facing the Twin Hurdles of Standing and an Undertaking for Damages", Second Public Interest Environmental Law Conference, "Defending the Environment", 20 May 1995, Adelaide; published by ACEL as part of the Conference papers, Adelaide, 1996. Oral evidence given on behalf of the Law Society of WA to the Senate’s Legal and Constitutional References Committee, in relation to its reference: "Treaties and the external affairs power", 15 May 1995, Perth.

Oral presentation: evidence given by invitation to the WA Constitutional Committee on Aspects of the new South African constitution, Perth, 15 August 1994 - 1994

Chaired session 1 (Planning and Local Government) of the seminar held jointly by NELA (WA Division) and the AIAL (WA Chapter), on "Environmental and Planning Law in WA: the Administrative Framework for Decisions and Appeals", Perth, 29 September 1994. "Administrative Law: Choice of Remedies", lunchtime seminar, AIAL Inc (WA Chapter), Perth, 10 May 1994. "The new South African Constitution", election eve presentations to lawyers, Nedlands, Perth, 27 April 1994. "University Examinations and the Duty to Act Fairly - An Australian/German Comparison", Staff seminar at Murdoch University, 2 November 1994.

Panel member, seminar “Case Flow Management”, 1993 WA Law Society Summer School, 18 February 1993 - 1993

Guest lecturer at the University of Erlangen-Nuremberg, in Erlangen, Bavaria, Germany, while on academic sabbatical from Murdoch University at the University of Regensburg, Bavaria, on "Fairness in Law: Law as Process", 9 December 1993.

One of main organisers of, and a panellist at, WA Law Society Seminar “Reform of Administrative Law in Western Australia”, Perth, 20-21 May 1992 - 1992

Evidence given before Select Committee on Parliamentary Procedures for Uniform Legislation Agreements, 31 July 1992. (Contributions cited in Report.)

Devised, co-ordinated and prepared documentation for Seminar/Workshop for Law Society of WA, on Pleadings, Perth, 2 May 1991. Included “spot the mistakes” statement of claim to illustrate strike-out application - 1991

"Public Interest Litigation: Facing the Twin Hurdles of Standing and an Undertaking for Damages". Paper presented at WA Law Society Seminar “Enforcing Environmental Protection”, Perth, 23 October 1991.