Justice in Tribunals

Justice in Tribunals is a specialist work on the common law and statutory rules governing decisions of administrative tribunals, executive officers, government departments, professional societies, commercial associations, trades unions, sporting bodies, social clubs and political parties, affecting the rights of individuals. It explains the different procedures used to challenge statutory as well as private ("domestic") rulings. Previous editions have been cited with approval by courts in New Zealand and several Australian jurisdictions. This new edition goes well beyond the generalities of "natural justice" to examine numerous examples of that ideal in action. They are arranged according to various stages of decision-making - notice of the charge or claim, urgent action, legal representation, standards of proof, significance of the law of evidence, procedure at the hearing, errors of law or due process, and the articulation of reasons for a decision. A special chapter deals with the conduct of public inquiries, such as Royal Commissions, which do not formally determine rights and duties of individuals.

1. The Scope of This Text 2.Jurisdiction over Statutory Tribunals 3.Judicial Control of Domestic Tribunals in Non-Livelihood Cases 4. Private Tribunals and Restraint of Trade 5. Statutory Jurisdiction over Domestic Tribunals 6.Legal Error (Natural Justice Aside) 7. Natural Justice: General 8. Commencing Proceedings: A Right to be Heard? 9. Urgent Action and the Right to be Heard 10. Notice of the Hearing 11. Does Natural Justice Imply a Right to Counsel? 12. The Hearing 13. Are Reasons Part of a Fair Hearing?14. Can There Be Fairness Without an Internal Appeal? 15. The Twin Pillar: The Rule Against Bias 16. Remedies 17. Non-Determinative Inquiries

Dr J R S Forbes was educated at Nudgee College, Brisbane, Waverley College, Sydney and the University of Sydney, where he graduated BA, LL M (Hons 1st Cl). His PhD thesis was in the field of administrative law. He is a barrister of the NSW and Queensland Supreme Courts. For 6 years was a member of the Misconduct Tribunal of the Criminal Justice Commission (Qld), and has served for many years on the Judicial Appeals Committee of the Queensland Rugby Union. He is presently a Member of the Queensland Civil and Administrative Tribunal. He has written books on Evidence, Resources Law and history of the Australian legal profession. For some 20 year he has presented “Drive Time Classics” and other programmes on Brisbane’s 4MBS-Classic FM.