The triumph of practical fairness over legitimate expectation in Australian administrative law

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This article explores the adoption and ultimate rejection in Australian administrative law of the idea of a legitimately held expectation as a basis for implying a duty of procedural fairness in administrative decision-making or fleshing out the content of that duty. The article analyses the peaks and troughs of the application of the concept of legitimate expectation, from its shaky beginnings and adoption, implementing UK law, to its subsequent demise and death in the High Court decision in the Minister for Immigration and Border Protection v WZARH (“WZARH”). Cases after WZARH are discussed and the new overall test of practical fairness in administrative decision-making is reviewed.
Original languageEnglish
Pages (from-to)856-881
Number of pages26
JournalSingapore Academy of Law Journal
Publication statusPublished - Mar 2017

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