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Geoffrey Kennett SC
Admitted to the bar 1998
Entitled to practise in all Australian jurisdictions
Areas of Practice:
Memberships of professional associations:
Australian Association of Constitutional Law
Australian Institute of Administrative Law
CURRICULUM VITAE
In private practice as a barrister in Sydney since August 1998. Appointed Senior Counsel in October 2010.
Areas of Practice
Main areas of practice are in public law, comprising:
- review of administrative decisions (judicial review proceedings and merits review in administrative tribunals);
- construction and application of particular statutory regimes; and
- constitutional law.
Particular subject areas include migration, taxation, Customs, quarantine, passports, electoral matters and environmental law.
In these areas I frequently appear for, and sometimes against, Commonwealth and State departments and agencies. I appear regularly in the Full Court of the Federal Court of Australia and in the High Court of Australia. As a junior I often appeared alone in the Full Federal Court and in Special Leave applications, and once as leader (with another junior) before a full bench of the High Court.
I also do some general commercial/equity work, and have appeared as junior at appellate level in this and other areas of law.
A list of some significant cases in which I have appeared is attached.
Earlier Career
| 1997-1998 |
Counsel Assisting the Solicitor-General of the Commonwealth
I was the sole full-time lawyer assisting the Solicitor-General (then Dr Gavan Griffith QC). I appeared regularly as junior counsel in the High Court and intermediate appellate courts and assisted in the preparation of other cases in which the Solicitor-General was involved, and the provision of advice.
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| 1991-1996 |
Office of General Counsel, Commonwealth Attorney-General's Department
I advised Commonwealth Ministers, Departments and agencies on constitutional issues and on the construction and application of legislation. I occasionally appeared as junior counsel in constitutional cases. In 1993, I spent several months attached to the Secretariat of the Republic Advisory Committee. I was promoted twice within the Office and from the beginning of 1996 held a senior executive level position.
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| 1985-1991 |
Various junior positions in the Australian Public Service
Including Department of Finance 1985-1989; Senate Committee Office (attached to the Standing Committee on Legal and Constitutional Affairs) 1989-1991.
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Education
| In progress |
LLM (University of Sydney), commenced 2008 (concentrating on tax subjects but also including some environmental law)
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| 1993 |
Master of Public Law (Australian National University)
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| 1988 |
LLB (Hons) (ANU)
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| 1985 |
BA (Hons) (ANU)
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| 1980 |
Higher School Certificate (Canberra Grammar School)
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Prizes and awards
| 1993 |
Secretary's Prize for Academic Achievement (awarded by the Attorney-General's Department)
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Publications
- Case note - Metal Manufacturers Pty Ltd v Lewis (1989) 63 ALJ 502
- "Constitutional Interpretation in the Corporations Case" (1990) 19 FL Rev 223 (article)
- "Individual Rights, the High Court and the Constitution" (1994) 19 MULR 581 (article)
- "Implied Rights" in Coper and Williams (eds), The Cauldron of Constitutional Change (1997), 89 (conference paper)
- Contributor to The Laws of Australia, 19.5 Federal Constitutional System, Chapter 3.
- "Cross-Vesting Cliff-Hanger" (1998) 4 Current Family Law 14 (note)
- "The Freedom Ride: where to now?" (1998) 9 PLR 111 (article)
- "Expansion or Contraction: a comment" (1998) 20 Adel LR 153 (comment)
- "Constitutional Protections against Uncompensated Expropriations of Property" (1998) AMPLA Yearbook 49 (with Gavan Griffith QC) (article)
- "One Claim, One Limit, One Excess" (1999) 10 Insurance Law Journal 99 (with John Marshall) (article)
- "Judicial Federalism" in Opeskin and Wheeler (eds), The Australian Federal Judicial System (2000) (with Gavan Griffith QC)
- "Comment on article by O'Donnell" (2007) 28 Aust Bar Review 342
- "The Constitution and Military Justice after White v Director of Military Prosecutions" (2008) 36 FL Rev 231 (comment)
- "Fault lines in the autochthonous expedient: the problem of State tribunals" (2009) 20 PLR 152 (article)
Significant Cases - High Court
Mutual Pools and Staff Pty Ltd v Commonwealth (1994) 179 CLR 155 (with Dennis Rose QC and Slater QC [constitutional law]
Health Insurance Commission v Peverill (1994) 179 CLR 226 (with Gavan Griffith QC and D J McGill) [constitutional law]
Re DPP; Ex parte Lawler (1994) 179 CLR 270 (with Dennis Rose QC) [constitutional law]
Georgiadis v AOTC (1994) 179 CLR 297 (with Griffith QC and A Robertson) [constitutional law]
Victoria v Commonwealth (Industrial Relations Act case) (1996) 187 CLR 416 (with Griffith QC) [constitutional law]
Lange v ABC (1997) 189 CLR 520 (with Griffith QC and S McLeish) [constitutional law/defamation]
Levy v Victoria (1997) 189 CLR 579 (with Griffith QC and S McLeish) [constitutional law]
Commonwealth v Mewett (1997) 191 CLR 471 (with Griffith QC and Gageler) [constitutional law/choice of law]
Nicholas v R (1998) 193 CLR 173 (with Griffith QC and M Moshinsky) [constitutional law]
A-G (Cth) v Breckler (1999) 197 CLR 83 (with Bennett QC and Henry Burmester QC) [constitutional law]
Re Governor, Goulburn CC; Ex parte Eastman (1999) 200 CLR 322 (with Jackson QC and R Cavanough) [constitutional law]
Airservices Australia v Canadian Airlines (1999) 202 CLR 133 (with Bennett QC and G Witynski) [constitutional law]
Eastman v R (2000) 203 CLR 1 (with Jackson QC) [criminal appeals]
Smith v ANL Ltd (2000) 204 CLR 493 (with Bennett QC) [constitutional law]
Durham Holdings v NSW (2001) 205 CLR 399 (with Bennett QC) [constitutional law]
Pasini v United Mexican States (2002) 209 CLR 496 (with Griffith QC) [constitutional law/extradition]
Frost v Warner (2002) 209 CLR 509 (with Jackson QC) [tort]
Mobil v Victoria (2002) 211 CLR 1 (with Jackson QC) [constitutional law]
Re MIMA; Ex Parte Applicants S134 (2003) 211 CLR 441 (with Bennett QC, Williams SC and S Lloyd) [migration/administrative law]
Plaintiff S157 v Commonwealth (2003) 211 CLR 476 (with Bennett QC, Williams SC and S Lloyd) [migration/administrative law/privative clauses]
Re MIMA; Ex parte Applicant S20/200 (2003) 198 ALR 59 (with Gageler SC) [migration/administrative law]
Re MIMIA; Ex parte Palme (2003) 216 CLR 212 (with Basten QC) [migration/administrative law]
Bayside Council v Telstra (2004) 216 CLR 595 (with Douglas QC and K Connor) [constitutional law]
MIMIA v B (2004) 219 CLR 365 (with Bennett QC) [Family Law Act/parens patriae jurisdiction]
Re Woolley; Ex parte Applicants M276 (2004) 225 CLR 1 (with Bennett QC) [migration/habeas corpus]
Re MIMIA; Ex parte Ame (2005) 222 CLR 439 (with Bennett QC) [citizenship]
NAIS v MIMIA (2005) 228 CLR 470 (with Gageler SC) [migration/administrative law]
Theophanous v Commonwealth (2006) 225 CLR 101 (leading R Niall (Melbourne)) [constitutional law]
NSW v Commonwealth (Work Choices case) (2006) 229 CLR 1 (with P Tate SC, M Bromberg QC, M Moshinsky, S Moore and D Star (all of Melbourne)) [constitutional law]
Bodruddaza v MIMA (with Bennett QC) (2007) 228 CLR 651 [migration/constitutional law]
Bennett v Commonwealth (2007) 231 CLR 91 (with Ellicott QC) [constitutional law (status of Norfolk Island)]
DCT v Broadbeach Properties (2008) 237 CLR 473 (with Williams SC and P Looney (Brisbane)) [taxation]
SZIAI v Minister for Immigration (2009) 259 ALR 429 (with Gageler SC and G Johnson) [migration/administrative law]
Rowe v Electoral Commissioner (2010) 273 ALR 1 (with Gageler SC and D O'Leary) [constitutional law]
Minister for Immigration and Citizenship v SZGUR (2011) 273 ALR 233 (with Lloyd SC) [migration/administrative law]
Significant Cases - Federal Court
Bertran v Minister for Justice (1999) 94 FCR 404 (with Jackson QC) [extradition]
MIMIA v Walsh (2002) 189 ALR 694 (with Bennett QC) [citizenship]
Petrotimor Compahnia de Petroleos v Commonwealth (2003) 126 FCR 354 and 128 FCR 507 (with Douglas QC and C Ward) [act of state/conflict of laws, accrued jurisdiction]
Lobo v MIMIA (2003) 132 FCR 93 [migration/privative clause]
SRYYY v MIMIA (2005) 147 FCR 1 (with Williams SC) [Refugees Convention]
Director of Quarantine v Australian Pork (2005) 146 FCR 368 (with Bennett QC and Gageler SC) [quarantine/administrative law]
LG Electronics v Minister for Justice (2005) 148 FCR 34 (with M Perry QC)
White Industries v AC of T (2007) 160 FCR 298 (with Williams SC) [taxation]
Roche Products v NDPSC (2007) 163 FCR 451 [pharmaceuticals]
SZGME v Minister for Immigration (2008) 168 FCR 487 [migration]
SZHKA v Minister for Immigration (2008) 172 FCR 1 [migration]
Alphapharm v H Lundbeck [2008] FCA 559 [pharmaceuticals]
Goodridge v Macquarie Bank (2010) 265 ALR 170 (with Rayment QC) [contract]
Tran v Commonwealth (2010) 187 FCR 54 (leading J Clark) [forfeiture/statutory construction]
Aye v Minister for Immigration (2010) 187 FCR 499 [justiciability/administrative law]
Minister for Home Affairs v Siam Polyethylene (2010) 187 FCR 229 (with Robertson SC) [Customs (anti-dumping)]
SZMWQ v Minister for Immigration (2010) 187 FCR 109 [migration]
Leveraged Equities v Goodridge [2011] FCAFC 3 (with Rayment QC) [contract]
Green v Bradbury [2011] FCA 71 [electoral petition]
Khan v Minister for Immigration [2011] FCAFC 21 [administrative law/migration]
Significant Cases - New South Wales courts
Commonwealth v Griffiths (2007) 70 NSWLR 268 (with Gageler SC) [witness immunity/duty of care]
Gibson v Commissioner of Police [2007] NSWCA 251 (leading B O'Donnell and M Avenell) [implied freedom of communication]
Maronis Holdings v Nippon Credit (2001) 38 ACSR 404 (with Rayment QC and J Marshall) [directors' duties; obligations of solicitors and bankers]
Significant Cases - Overseas
Chaudhry v Qarase [2002] FJCA 3 (with Gavan Griffith QC) [constitutional law - Fiji]
Contact:
10th Floor Selborne/Wentworth Chambers
174 Phillip Street
Sydney NSW 2000
DX 375 Sydney
Tel No. 02 9221 3933
Fax No. 02 9221 3724
Email kennett@tenthfloor.org
Clerk: Dianne Strathdee
Tel No. 02 9232 4609
Fax No. 02 9221 3724
Email strathdee@tenthfloor.org
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