Emeritus Professor John McMillan
Areas of expertise
- Legal Institutions (Incl. Courts And Justice Systems) 180120
- Legal Theory, Jurisprudence And Legal Interpretation 180122
- Human Rights Law 180114
- Civil Law And Procedure 180104
- Taxation Law 180125
- History And Philosophy Of Education 220202
- Administrative Law 180103
- Law And Society 180119
- International Law (Excl. International Trade Law) 180116
Biography
John McMillan has been a member of the Law Faculty staff since 1983, and was appointed to the Alumni Chair in Administrative Law in 2000.
He teaches in the fields of administrative law and constitutional law. Prior to that, John was an Associate to a High Court Justice, a solicitor in private practice, a Principal Investigation Officer with the Commonwealth Ombudsman, was self-employed in public interest advocacy, and taught law at the University of New South Wales and the Australian Graduate School of Management. He has been a consultant to a number of government and parliamentary enquiries on aspects of public law, and was formerly a Consultant to the Government Services Group of national law firm, Clayton Utz.
John was appointed as Commonwealth Ombudsman in 2003. He is currently on leave.
He teaches in the fields of administrative law and constitutional law. Prior to that, John was an Associate to a High Court Justice, a solicitor in private practice, a Principal Investigation Officer with the Commonwealth Ombudsman, was self-employed in public interest advocacy, and taught law at the University of New South Wales and the Australian Graduate School of Management. He has been a consultant to a number of government and parliamentary enquiries on aspects of public law, and was formerly a Consultant to the Government Services Group of national law firm, Clayton Utz.
John was appointed as Commonwealth Ombudsman in 2003. He is currently on leave.
Publications
- Creyke, R & McMillan, J 2009, Control of Government Action Text, Cases & Commentary, LexisNexis Butterworths, Australia.
- Creyke, R & McMillan, J 2008, 'Soft Law v Hard Law', in Linda Pearson, Carol Harlow and Michael Taggart (ed.), Administrative Law in a Changing State: Essays in Honour of Mark Aronson, Hart Publishing, Portland, USA, pp. 377-405.
- Creyke, R & McMillan, J 2005, Control of Government Action: Text, Cases & Commentary, LexisNexis Butterworths, Sydney.
- Creyke, R & McMillan, J 2004, 'Judicial review outcomes - An empirical study', Australian Journal of Administrative Law, vol. 11, pp. 82-100.
- Creyke, R & McMillan, J 2004, 'The Operation of Judicial Review in Australia', in Marc Hertogh and Simon Halliday (ed.), Judicial Review and Bureaucratic Impact: International and Interdisciplinary Perspectives, Cambridge University Press, United Kingdom, pp. 161-189.
- McMillan, J 2002, 'Administrative Law, Commerce and Human Rights', in Stephen Bottomley and David Kinley (ed.), Commercial Law and Human Rights, Dartmouth Publishing Company Ltd, Aldershot, UK, pp. 257-280.
- McMillan, J 2002, 'Twenty Years of Open Government: What have we learnt?', Law and Policy Paper Series, vol. 21, pp. 1-31.
- McMillan, J 2002, 'Judicial Restraint and Activism in Administrative Law', Federal Law Review, vol. 30, no. 2, pp. 335-371.
- Creyke, R & McMillan, J, eds, 2002, Administrative Law the essentials, Australian Institute of Administrative Law, Canberra, Australia.
- McMillan, J 2002, 'Immigration Law and the Courts', The Samuel Griffith Society Conference, ed. J Stone, Samuel Griffith Society, Lane Cove, NSW, pp. 167-184.
- McMillan, J 2002, Reconsideration of a decison after without prejudice negotiations, pp. 6-7.
- Creyke, R & McMillan, J 2002, 'Executive Perceptions of Administrative Law - An Empirical Study', Australian Journal of Administrative Law, vol. 9, no. 4, pp. 163-190.
- McMillan, J 2002, 'The Courts vs the People: Have the Judges Gone Too Far?', Judicial Conference of Australia, Conference Organising Committee, St Leonards NSW, pp. 49-76.
- McMillan, J 2002, Correcting an erroneous administrative decision, pp. 1-3pp.
- McMillan, J 2002, 'Controlling Immigration Litigation - A Legislative Challenge', People and Place, vol. 10, no. 2, p. 1629.
- McMillan, J 2002, 'Better Decision-Making: By What Standard?', Canberra Bulletin of Public Administration, vol. 105, no. September, pp. 43-46.
- McMillan, J 2002, 'The Justiciability of the Governments Tampa Actions', Public Law Review, vol. 13, no. 2, pp. 89-93.
- Creyke, R & McMillan, J, eds, 2002, Essentialism in a Changing World, Australian Institute of Administrative Law, Canberra.
- McMillan, J 2001, 'The Academic Contribution to Australian Administrative Law', Australian Journal of Administrative Law, vol. 8, pp. 256-263.
- McMillan, J 2001, 'Administrative law', in Blackshield (ed.), Oxford Companion to the High Court of Australia, Oxford University Press, Melbourne, Australia, pp. 8-11.
- McMillan, J 2001, 'Natural justice', in Blackshield (ed.), Oxford Companion to the High Court of Australia, Oxford University Press, Melbourne, Australia, pp. 498-500.
- McMillan, J 2001, 'The Role of Judicial Review in Australian Administrative Law', Australian Institute of Administrative Law Forum, vol. 30, p. 47.
- McMillan, J 2001, 'Teohs Case: some quandaries', in Blackshield (ed.), Oxford Companion to the High Court of Australia, Oxford University Press, Melbourne, Australia, pp. 666-667.
- McMillan, J 2001, 'Parliament and administrative law', in G. Lindell & R. Bennett (ed.), Parliament: The Vision in Hindsight, The Federation Press, Leichhardt, NSW, pp. 333-382.
- Creyke, R & McMillan, J, eds, 2000, Administrative Justice: The Core and the Fringe, Australian Institute of Administrative Law, Canberra.
- McMillan, J 2000, 'Parliament and Administrative Law (2000)', Research Papers, vol. 13, pp. 1-59.
- McMillan, J 2000, 'Administrative Justice: The Concept Emerges', in McMillan, R Creyke and J (ed.), Administrative Justice: The Core and the Fringe, Australian Institute of Administrative Law, Canberra, pp. 1-8.
- Creyke, R & McMillan, J 2000, 'Globalisation and Australian Administrative Law', in Chris Finn (ed.), Sunrise or Sunset: Administrative law in the new millennium, Australian Institute of Administrative Law, Canberra, ACT, pp. 341-350.
- McMillan, J & Western, J 2000, 'Measurement of the socio-economic status of Australian higher education students', Higher Education, vol. 39, no. 2, pp. 223-248.
- McMillan, J 1999, 'The Role of Administrative Review Bodies: A Commentary', Australian Journal of Public Administration, vol. 58, pp. 76-79.
- McMillan, J 1999, 'Federal Court v Minister for Immigration', Australian Institute of Administrative Law Forum, vol. 22, pp. 1-25.