Justice Basten and the New Frontiers of Administrative Law: Crime, Tort and Contract

Abstract

This appreciation of Justice Basten’s judicial and extra-judicial contribution to administrative law focuses upon three areas outside the mainstream: in crime, tort and contract. These areas of administrative law at the State level have seen considerable developments over the last two decades, coinciding with the intrusion of statute into areas traditionally regulated by common law (such as assessments of personal injury in motor vehicle and industrial accidents and adjudicators’ determinations in construction claims) and with the recognition of a constitutionally entrenched supervisory jurisdiction for jurisdictional error. The article identifies some of his significant judgments and writings in these areas, and the nature of the influence they enjoy. The article also mentions Basten JA’s awareness of the significance of language – the text of the statute, and the label used to describe legal principle.

Keywords: John Basten, administrative law, jurisdictional error, significance of academic writing by judges

JEL Classification: K12, K13, K14