Lasting Legacies from the High Court Decision - Law Assignment Help

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In Administrative Law, there is only ONE ASSIGNMENT. This assignment is compulsory and must be submitted by all students. The assignment will constitute 20% of the final mark in this subject.

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Completed assignments should be lodged through Canvas and received by 11:59pm (Australian Eastern Standard Time) on Monday 29 June 2020.

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COMPULSORY ASSIGNMENT

One of the lasting legacies from the High Court's decision in Kioa v West (1985) 159 CLR 550, as it has been applied and evolved in subsequent cases is that it is now generally accepted that all administrative decisions which affect rights, interest and legitimate expectations carry with them a duty to act fairly, in the sense of according procedural fairness, subject to any clear contrary statutory intention.

Decision-makers should therefore assume that all decisions attract procedural fairness obligations unless there is a clear and contrary statutory intention. The question is what those obligations require in any given case, given that the contents of the duty to afford procedural fairness depend on the relevant statutory provisions and the circumstances of the particular case.

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