2025 Melbourne University Law Review Annual Lecture - 02.04.25

Inaugural President of the Administrative Review Tribunal, The Hon Justice Emilios Kyrou, presents 'Changing attitudes to independence of Australian tribunals'

Event Details

Changing attitudes to independence of Australian tribunals

Under Australia’s separation of powers doctrine, administrative tribunals are part of the executive branch in Chapter II of the Constitution. They are statutory bodies whose independence can vary according to the Act establishing them. Today, the importance of independence for administrative tribunals is generally accepted by Australian legislatures. However, that was not always the case. There has been a gradual attitudinal change regarding the need for administrative tribunals to be, and be seen to be, independent. The establishment of the Administrative Review Tribunal on 14 October 2024 to replace the Administrative Appeals Tribunal provides an ideal opportunity to consider the evolution of administrative tribunals in Australia and how legislative and judicial attitudes concerning their independence have evolved with them.

About the speaker

The Hon Justice Emilios Kyrou is the inaugural President of the Administrative Review Tribunal. He was a Judge of Appeal of the Victorian Court of Appeal from July 2014 until June 2023, when he was appointed a Judge of the Federal Court of Australia and President of the Administrative Appeals Tribunal (replaced by the Administrative Review Tribunal on 14 October 2024). Between May 2008 and July 2014, he was a Trial Judge of the Supreme Court of Victoria. From July 1990 until May 2008, he was a senior litigation partner at the firm that is now known as King & Wood Mallesons where he specialised in administrative law and insurance law.

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