Resolving Conflicts at the Interface of Public and Private Law

Thomson Reuters
Publication Type:
Journal Article
Australian Law Journal, 2020, 94, (5), pp. 381-394
Issue Date:
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Public and private law converge in cases where causes of action and remedies from both sides of the divide might be brought to bear, such as where the same conduct might amount to both a tort and crime, or where demonstrating invalidity of an administrative decision is an element of tortious liability. This article canvasses a range of procedural tools that can be utilised to shape the relationship between public and private law; moving between independent, staged, prioritised and collaborative relationships. The question of whether these tools ought to be utilised in a given case is influenced by a range of policy concerns tied to the interests of the parties, the institution of the courts, and the wider public. Accordingly, the relationship between public and private law, and the question of what principles and remedies ought to apply at the interface, requires a delicate balancing act between these interests.
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