Grant Hooper

Grant teaches and researches in Public and Administrative Law at Sydney University Law School.  Before moving into academia he was a partner in the Australian Government team at DLA Piper International before leaving to undertake his PhD at the University of New South Wales.  He completed his PhD in 2016 with a thesis titled: Parliament v The High Court? Natural justice, codification and the Australian Migration Act.

Publications

• LexisNexis Administrative Law Bulletin
• ‘Minister for Immigration and Border Protection v SZVFW: The High Court on Unreasonableness and The Role of Judicial Review’ on AUSPUBLAW  (5 September 2018) 
• “Judicial Review and Proportionality: Making A Far-Reaching Difference to Administrative Law in Australia or a Misplaced and Injudicious Search for Administrative Justice?” (2017) 88 AIAL Forum 29.
• “From the Magna Carta to Bentham to Modern Australian Judicial Review:  Themes of Practicality and Spirituality” (2016) 84 AIAL Forum 22.
• ‘The Rise of Judicial Power in Australia: Is There Now A Culture of Justification” (2015) 41 Monash Law Review 102.
• “Negligence: No one's fault”,  [2010] (Dec-Jan), Insurance & Risk Professional, 96.
• “Line of Cover”, [2009] (Dec –Jan), Insurance & Risk Professional, 112.

Speaking Engagements

2018: Presentation at Australian Institute of Administrative Law (AILA) National Conference Sydney:

2017:  Presentation at AILA National Conference Brisbane:  Judicial Review and Proportionality: Making A Far-Reaching Difference to Administrative Law in Australia or a Misplaced and Injudicious Search for Administrative Justice?

2016: Poster presentation at UNSW Public Law Workshop: The Relevance of Irrelevance in Administrative Law.

2015:  Presentation at AILA National Conference Canberra:  From the Magna Carta to Bentham to Modern Australian Judicial Review:  Themes of Practicality and Spirituality.

2014:Presentation at Gilbert + Tobin Postgraduate Workshop:  The Rise of Judicial Power and the Rule of Law.

Key Litigation Experience

• Acting in many large commercial claims including claims for property   damage, business interruption, breach of contract and breach of statutory   duties.
• Conducting a large number of personal injury matters both in the   District and Supreme Courts.
• Appearing regularly in the Dust Diseases Tribunal for both insured and   self-insured defendants and cross-defendants in both silica and asbestos   related matters.
• Working with and supervising a team specialising in appearing in the   Administrative Appeals Tribunal.  This   work principally related to appeals from decisions made under the Safety, Rehabilitation and Compensation   Act 1988 (Cth) but involved other administrative appeal matters.
• Acting in various property damage matters including motor vehicle,   buildings, tunnels, directional drilling, gas lines, automated equipment and   computer claims.
• Advising insurers extensively in relation to indemnity under all types   of insurance policies and also advising on insurance coverage of third   parties in recovery proceedings.
• Acting in litigation involving the alleged negligent design of a   tunnel.  Claimed value $20 million.
• Acting in litigation involving the alleged negligent design and   construction of the facade of a significant Sydney building.
• Advising on insurance coverage issues and potential liability arising   out of the need to reconstruct significant components of a sewerage treatment   plant.
• Acting and advising in a number of unlawful detention cases, including   one in which the plaintiff had been the subject of a report by the   Commonwealth Ombudsman.
• Acting for the successful appellant in the High Court of Australia   matter of Sydney Water v Turano.  This decision is important in the guidance   it provides for determining when a duty of care will or won't arise.
• Acting for the successful appellant in the New South Wales Court of   Appeal matter of Sydney Water v   Abramovic.  This decision is   significant in that the Court of Appeal sets out in some detail the test that   needs to be considered to determine whether a contractor will be held liable   for injury to an employee of one of its sub-contractors.
• Acting in litigation arising from an explosion in an 'uninterruptible   power source' which resulted in the failure of an international booking and   scheduling system.
• Advising on the potential liability for 'pure economic loss' of a   government instrumentality arising from a large construction project in a   suburb of Sydney.
• Acting in the High Court of Australia matter, Canute v Comcare.  A   decision that is relevant to statutory interpretation and considered a   landmark decision in determining how compensation is to be determined in the   Commonwealth Workers' Compensation system.
• Acting in SZFDE v The Minister   for Immigration and Citizenship which is a landmark case in Australia   when dealing with the effect on a government tribunal's decision of fraud by   a third party.
• Acting in the Full Federal Court of Australia decisions of Minister for Immigration and Citizenship v   SZNPG and Minister for Immigration   and Citizenship v SZNSP which   dealt with the demarcation between a tribunal's finding of fact and the   Court's power of review.
• Undertaking advocacy in the New South Wales and Commonwealth   Administrative Appeals Tribunal, Federal Court of Australia and Federal   Magistrates Court.