Administrative Review Tribunal commences today

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Daily wrap  

• The Administrative Review Tribunal (ART) commences today. For background re the ART see below speech by Justice Kyrou, who is the inaugural President of the Administrative Review Tribunal.
   

  • Key features of the new administrative review tribunal

    “On 21 March 2024, the House of Representatives passed the Administrative Review Tribunal Bill 2024 and two consequential and transitional provisions Bills. The Bills are currently before the Senate. When enacted, the Bills will establish the Administrative Review Tribunal (‘ART’) and make significant reforms to the current system of merits review. As I will demonstrate, the ART will be very different from the Administrative Appeals Tribunal (‘AAT’). It will not simply be a rebadged AAT…”

     

• Bruce Lehrmann faces critical challenge in bid to appeal against findings of failed defamation case against Network Ten and Lisa Wilkinson - ABC News
   

• Network Seven asks for court documents to be suppressed after being sued by former Spotlight journalist - ABC News
   

• eSafety commissioner ends heated fight with Elon Musk’s X over Sydney church stabbing posts | X | The Guardian
   

• Court backs Fortescue but judge unhappy with disclosure [The Australian paywall]

  Mining giant Fortescue has welcomed a Federal Court decision to throw out a request from its would-be ‘green’ steel competitor even though a judge questioned its commercial disclosure.
   

  • Fortescue Limited v Element Zero Pty Limited (No 2) [2024] FCA 1157
     

Editor’s picks

• Avenging angel or lethal opportunist: Celebrity lawyer Sue Chrysanthou [SMH paywall]

  The Sydney silk has become the barrister du jour in the defamation capital of the world, representing everyone from actors to moguls with reputations to rescue. Then there was the time she found herself in the witness box ...

   

• You've been summoned to witness the unmissable true crime event of the year | SBS What's On

  Follow a real case, re-enacted from real court transcripts, in front of a new jury of 12 everyday Australians in SBS Original 'The Jury: Death on the Staircase'.

  The Jury: Death on the Staircase goes behind the scenes of the jury room where cameras and recording devices are normally strictly prohibited, to witness how a cohort of 12 strangers interpret confounding evidence, how they judge the motives and expertise of witnesses, and decode the ingenuity of defence and prosecution tactics.
   

• Juror misconduct leads to mistrials, fines and huge emotional cost, so how are courts dealing with it? - ABC News
   

• 'Near impossible': Pauline Hanson, Fatima Payman, and the constitution's section 44

  One Nation leader Pauline Hanson has questioned Fatima Payman's eligibility to sit in the parliament. It's almost certainly not an issue, a constitutional law expert says.
   

• Appointments to the Administrative Appeals Tribunal and the Administrative Review Tribunal | Our ministers – Attorney-General’s portfolio

  The Australian Government has made six new appointments to the Administrative Appeals Tribunal (AAT) and three new appointments to the Administrative Review Tribunal (ART) who will form part of the inaugural membership of the ART when it commences on Monday.
   

• Robots in the Middle: Evaluating LLMs in Dispute Resolution

  “Mediation is a dispute resolution method featuring a neutral third-party (mediator) who intervenes to help the individuals resolve their dispute. In this paper, we investigate to which extent large language models (LLMs) are able to act as mediators. We investigate whether LLMs are able to analyze dispute conversations, select suitable intervention types, and generate appropriate intervention messages. Using a novel, manually created dataset of 50 dispute scenarios, we conduct a blind evaluation comparing LLMs with human annotators across several key metrics. Overall, the LLMs showed strong performance, even outperforming our human annotators across dimensions. Specifically, in 62% of the cases, the LLMs chose intervention types that were rated as better than or equivalent to those chosen by humans. Moreover, in 84% of the cases, the intervention messages generated by the LLMs were rated as better than or equal to the intervention messages written by humans. LLMs likewise performed favourably on metrics such as impartiality, understanding and contextualization. Our results demonstrate the potential of integrating AI in online dispute resolution (ODR) platforms.”
   

• Was the Lang dismissal constitutionally justified? - YouTube

  This is the last in a series of videos on the Lang dismissal. It addresses the arguments that have been made which have criticised the decision by the Governor, Sir Philip Game, to dismiss the NSW Lang Labor Government.

  In particular it addresses the argument that the Governor usurped judicial power by determining the existence of illegality before using it as the ground for the exercise of the reserve power of the dismissal of the government.

  It also addresses the argument that the Governor should only have acted if he had been advised to perform an unlawful act - not when the illegality did not involve him personally.
   

• Enabling law, strategic lawyering and tackling contamination: Speakers address Law Society Conference - Law Society Journal

  U.S. environmental lawyer Robert Bilott says Australia can learn from the lengthy litigation he led against chemical companies in the United States, in responding to its own incidents of PFAS contamination.
   

• New accreditation scheme for lawyer mediators - Law Society Journal
   

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