Balance: Journal of the Law Society Northern Territory 9

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Bangladesh - An Experience in TeachingAdvocacy= continuedfrom page 8 and the students, who are admitted practitioners ranging in experience from the very new to the quite experienced, then analyse the problem and proceed to make an application to the Court or exami ne or cross examine a witness. The problems were adapted to local conditions but their bases would be familiarto those who have attended workshops in the Northern Territory. One ofthe problems was a contractual dispute between the owner ofa number oftrishaws and the driver of one of the trishaws which was damaged in an accident. The issue was to determine the terms of the contract. Another involved an application for an injunction to permit the fictional Bangladesh Infant Safety Society to conduct a public rally in the streets of Dhaka following a ban placed on the rally by police. One participant, to the amusement of his colleagues, thought the best approach to the second problem wasto form revolutionary committees in the countryside and march on Dhaka. On this occasion we were assisted by senior advocates from the Bangladesh Bar Council. These persons had been through a teachers' course in 1996. Given that English is the second language to the participants (the first is Bangla or Bengali) there were sometimes difficulties in understanding and making ourselves understood. Neverthelessthe improvement in performance witnessed in the participantsreflected that experienced in the Australian workshops. The daily routine involved commencing the workshops at 9.30am, breaking for a formal lunch at about 1pm, resuming the workshops at about 3.30pm and continuing through until about 6.30pm. On some evenings there would be a short ceremony such as the presentation ofCLE certificates after the workshops ceased. Thereafter we would be expected at a formal dinner at 7.30 or 8pm. To my mind the benefits from the visitexisted atthree levels. Firstly, the I inks betweenthe peoplesoftwo countries, which are already quite substantial, were enhanced. Secondly, the close ties which exist between the legal professions both at an institutional level and also at a personal level were further cemented. Thirdly and importantly, the skills developed by the participants will enhance the performance ofthese people and others in the courts of the land and elsewhere. The strongerthe legal profession, the more skilled the legal profession, the greaterwi 11 be the respectfor the rule oflaw and, consequently, the greater the prospect that the rule of law will be maintained. Book Review N Moshinsky QC & Paul R Mallam: Annotated Administrative Appeals Legislation Butterworths; 240 pages; $30.00 Reviewed by Fred Davis N Moshinsky QC is a Victorian Barrister. Paul R Mallam is a partner in a Sydney law firm. As the title ofthe text indicates the authors have produced an annotated copy of the Administrative Decisions/Judicial Review Act (1997) and the Administrative Appeals Tribunal Act (1975). The text also indexes and reproducesthe necessary forms, rules and scale offees. The text was accurate at the time of printing. Practitioners should enquire of the Registrar of the Federal Court in respect ofthe latest practice notes, forms and fees. The Commonwealth Administrative Appeals Tribunal was established in 1975. Many practitioners are unfamiliar with the function, powers and procedure ofthe Tribunal. The authors in their introduction explore the relationship between the Administrative Appeals Tribunal, the Ombudsman and the Judicial Review procedures. The Commonwealth administrative law field is rich in case law and novel applications. The authors in their Table of Cases cite authorities such as Hell's Angels -v- Deputy Commissioner ofTaxation, Sankey-v- Whitlam and international authorities such as Canada - v- Inuit Tapirisat ofCanada. The diversity of administrative law is a reflection ofthe areas involved including the Australian Broadcasting Tribunal and Comcare (Commonwealth Workers' Compensation Scheme). Practitioners should be aware that the Supreme Court Library contains a specialist text book dealing with the Comcare system. The chapter entitled Introduction to the Judicial ReviewAct extensively with the question ofwhat is a reviewable decision. The authors have reproduced Sections 2and 3a with the 1 st and 2nd schedules ofthe Administrative Decisions/Judicial Review Act to illustrate the types of decisions which cannot be reviewed. When considering what administrative decisions can be reviewed, a sensible starting point is to examine the principal Act. For example ifthe proposed review involvesthe SocialSecurityAct Xhen that Act must be examined to determine the preliminary steps before the next Administrative Appeals Tribunal can be considered. The next step to be considered is whether the Act gives the right ofaccess to the Administrative Appeals Tribunal. When considering the Administrative Appeals Tribunal Act the first issue is to determine what is a reviewable decision. The authors of the text have dealt extensively with this issue. The text detaiIsthe basis on which the administrative decision can be challenged and the ultimate role ofthe Federal Court. The text book is a practical and comprehensive analysis of Commonwealth adminmistrative law and procedure. February 1997