This article has been adapted from the 8th Michael Kirby Justice Oration, delivered at the College of Law & Justice, Victoria University, Melbourne, on 26 September 2018.

Over 30 years has now passed since the High Court of Australia held in Public Service Board (NSW) v Osmond that the common law imposes no obligation on administrative decision-makers to provide reasons for their decisions. Despite this, significant developments made in Australian administrative law since Osmond was decided may in fact cause major difficulties to a rule that has survived the past 30 years largely unscathed. This paper demonstrates that although the emergence of Li unreasonableness is unlikely to give rise to a common law duty to provide reasons, the principles of natural justice provide a solid doctrinal foundation for the High Court to reconsider the position expressed in Osmond.

The environment within which legal services are supplied has witnessed change in recent times. This has raised the question as to whether a corresponding shift has ensued in ‘lawyer professionalism’. If the professional landscape changes, it may also be the case that what is means to be a legal professional has also changed. This article seeks to catalogue what has traditionally formed the accepted understanding of (lawyer) professionalism, as a springboard for inquiry into whether the parameters of lawyer professionalism have indeed shifted.

The virtual classroom is a new and modern structure in university teaching around the world. It can provide tuition to students in advantageous ways. The virtual classroom, with its numerous functionalities, provides a level of student class participation that is unprecedented in face-to-face classes It is also appeals to students, as it saves them time and money with public transport and/or parking. A much-improved classroom attendance record as compared to face-to-face classes has also been noticed. The students’ levels of understanding of the subject matter has also been noticeably improved by mechanisms available in virtual classroom teaching. As technology improves, the virtual classroom is likely to increasingly popular for convenience, flexibility and study efficacy. This paper explores the use of virtual classrooms in law education.

Foreword to Volume 8, Issue 1.

Investment disputes between investors and a state are settled by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. The Convention however has not included a mandate that disputes must be settled by applying the principle of good faith. This paper suggests that good faith is till applicable as it is a universal principle and can be invoked via the Vienna Convention on the Law of Treaties.

The virtual classroom is a new and modern structure used now in university teaching around the world. By using the virtual classroom in Transport Law, it was soon discovered that once one overcomes the technical issues, the virtual classroom provides university tuition to students in very advantageous ways like no other traditional face-to-face class can. The virtual classroom, with its numerous functionalities, provides a level of student class participation, which is unprecedented in face-to-face classes. It also allows a greater opportunity for student attendance, as students simply have to be in front of their computer or any hand-held device, which is capable of audio-visual linkups. It is also very appealing to students, as it saves them time and money with public transport and/or parking. A much improved classroom attendance record as compared to face-to-face classes has also been noticed. The students' levels of understanding of the subject matter have also vastly improved through the mechanisms employed in virtual classroom teaching. As technology improves on a daily basis, the virtual classroom will become more and more popular as students rely on online teaching. Universities also need to understand that technology is here to stay and this means that they need to place more and more emphasis on online virtual classroom teaching eventually, it is submitted that if some of the universities do not highlight the importance of online teaching and virtual classrooms, students will simply shop elsewhere until they find a place of teaching that supports the online virtual classroom structure in the courses they wish to undertake.

In Australia, the Commonwealth executive enjoys significant power to make decisions applying a national interest criterion in Commonwealth statutes. Ultimately, this paper argues that the utilisation of such a criterion by the Commonwealth executive in the Migration Act 1958 (Cth) undermines the rule of law doctrine in Australia. A fundamental tenet of the rule of law is the idea that the law is clear, identifiable and consistent in its approach. Given the imprecise and vague nature of a national interest criterion, it is argued that the notion is often far from clear and identifiable. The net result has meant that aggrieved litigants have had significant difficulties in both understanding and enforcing their rights, given the ambiguity associated with a national interest criterion in the Migration Act. Further, an examination of various Australian cases demonstrated a lack of consistency in the interpretation of a national interest criterion in the Migration Act. This lack of consistency led to a deficiency of clarity in the operation of particular Australian laws, especially in the context of the Migration Act.

This article has been adapted from the 7th Michael Kirby Justice Oration, delivered at the College of Law & Justice, Victoria University, Melbourne, on 27 September 2017.