Jack Maxwell
Jack practises in public and commercial law.
Before coming to the Bar, Jack was a solicitor at the Victorian Government Solicitor’s Office, where he practised in administrative law, constitutional law, and planning and environment law. Jack was also a Research Fellow at the Public Law Project, a UK legal non-profit, where he led a project on the use of artificial intelligence in government decision-making.
Jack has published widely in law journals and online publications. He has also co-authored a book on public law and emerging technologies, Experiments in Automating Immigration Systems.
Jack has a Bachelor of Civil Law with distinction from the University of Oxford. He also has a Juris Doctor and a Bachelor of Arts with first class honours from the University of Melbourne.
Jack read with Frances Gordon KC.
Some of Jack’s recent cases are listed below:
High Court
AB v Independent Broad-based Anti-corruption Commission [2024] HCA 10 – judicial review, procedural fairness – led by Peter Hanks KC and Frances Gordon KC, for IBAC
Supreme Court and Court of Appeal
Berih v State of Victoria (ongoing) – class action, judicial review, Charter of Human Rights and Responsibilities, redevelopment of Melbourne’s public housing towers – led by Liam Brown SC, with Edwina Smith, for the State
Whyman v State of Victoria (ongoing) – negligence, misfeasance in public office, false imprisonment, breach of fiduciary duty, Stolen Generations – led by Ron Merkel KC, with Rachel Amamoo, for the plaintiff
Woodman v State of Victoria and Independent Broad-based Anti-corruption Commission (ongoing) – negligence, breach of statutory duty, unreasonableness, denial of procedural fairness, decision to conduct a public examination – led by Peter Hanks KC and then Emrys Nekvapil SC, for IBAC
Marrogi v Secretary, Department of Justice and Community Safety (ongoing) – judicial review, prisons, Charter of Human Rights and Responsibilities – led by Liam Brown SC, for the defendants
INP v Secretary to the Department of Families, Fairness and Housing (reserved) – appeal, child protection, Charter of Human Rights and Responsibilities – led by Alistair Pound SC, Solicitor-General for Victoria, for the Attorney-General for Victoria (intervening)
Albyn Queensland Pty Ltd v Australian Postal Corporation [2024] VSC 584 – appeal, civil claim, Burns v Corbett jurisdictional limit, judicial power – led by Frances Gordon KC, for Australia Post
Sharlin Pty Ltd v Cardinia Shire Council (resolved) – breach of contract, planning, rezoning – led by Barnaby Chessell, for the Council
AB v Independent Broad-based Anti-corruption Commission [2022] VSCA 283 – judicial review, procedural fairness – led by Peter Hanks KC and Frances Gordon SC, for IBAC
HJ v Independent Broad-based Anti-corruption Commission [2022] VSCA 282 – constitutional law, s 109, Melbourne Corporation doctrine – led by Peter Hanks KC, for IBAC
Woodman v Independent Broad-based Anti-corruption Commission [2022] VSC 684 – judicial review, procedural fairness – led by Frances Gordon SC, for IBAC
Ginnane v Australian Football League (Victoria) Limited (ACN 147 664 579) (application dismissed) – judicial review, breach of contract, domestic tribunal – led by Ben Ihle KC, for the AFL
Pakenham Place Shopping Centre JV Pty Ltd v Minister for Planning and Minister for Health (resolved) – judicial review, planning scheme amendment – led by Stuart Morris KC, with Roshan Chaile, for the plaintiff
Federal Court
Abramov v Minister for Foreign Affairs (No 2) [2023] FCA 1199 – judicial review, sanctions, War in Ukraine — led by Ron Merkel KC, with Shawn Rajanayagam, for the applicant
X v Chief Commissioner of Police (resolved) – judicial review, permission to leave Australia – led by Liam Brown, Crown Counsel for Victoria, for the Chief Commissioner of Police.
County Court
Jack regularly appears in applications under the Serious Offenders Act 2018 (Vic).
VCAT
Jack is frequently briefed in proceedings in VCAT, including planning matters and proceedings under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).
*Liability limited by a scheme approved under Professional Standards legislation
Areas of Practice
Cases
Publications
- Experiments in Automating Immigration Systems (Bristol University Press, 2022) (with Dr Joe Tomlinson)
- ‘‘Discrimination in digital immigration status’ (2021) 42 Legal Studies 315 (with Dr Joe Tomlinson and Alice Welsh)”
- ‘Court fees and access to justice in Australia’ (2021) 32 Public Law Review 91
- ‘Judicial Review and the Digital Welfare State in the UK and Australia’ (2021) 28 Journal of Social Security Law 94
- ‘Introductory Note to Privacy International v. Secretary of State for Foreign and Commonwealth Affairs and La Quadrature du Net v. Premier ministre’ (C.J.E.U.) (2021) 60 International Legal Materials 464 (with Dr Joe Tomlinson)
- ‘Government Models, Decision-Making, and the Public Law Presumption of Disclosure’ (2021) 25 Judicial Review 296 (with Dr Joe Tomlinson)
- ‘Judicial review during the COVID-19 pandemic’ [2021] Public Law 9 (with Dr Joe Tomlinson, Jo Hynes and Emma Marshall)
- ‘Proving algorithmic discrimination in government decision-making’ (2020) 20 Oxford University Commonwealth Law Journal 352 (with Dr Joe Tomlinson)
- ‘Public Law and Technology: Mapping and Analysing Legal Responses in UK Civil Society’ (2020) 25 Judicial Review 28 (with Dr Joe Tomlinson)
- ‘Liability of educational institutions for child abuse’ (2019) 93 Australian Law Journal 477
- ‘Epistemic injustice on Palm Island’ (2018) 43 Alternative Law Journal 40
- ‘One Step Forward, One Step Back: The Victorian Charter in Bare v Independent Broad-Based Anti-Corruption Commission’ (2016) 40 Melbourne University Law Review 371
- ‘“Two Systems of Law Side By Side”: The Role of Indigenous Customary Law in Sentencing’ (2015/2016) 19 Australian Indigenous Law Review 97
QUALIFICATIONS
BA (Hons) JD (Melb) BCL (Dist) (Oxon)
MEMBERSHIPS & ASSOCIATIONS
Commercial Bar Association of Victoria
Australian Association of Constitutional Law
Australian Institute of Administrative Law
Jack Maxwell
Profile
Jack practises in public and commercial law.
Before coming to the Bar, Jack was a solicitor at the Victorian Government Solicitor’s Office, where he practised in administrative law, constitutional law, and planning and environment law. Jack was also a Research Fellow at the Public Law Project, a UK legal non-profit, where he led a project on the use of artificial intelligence in government decision-making.
Jack has published widely in law journals and online publications. He has also co-authored a book on public law and emerging technologies, Experiments in Automating Immigration Systems.
Jack has a Bachelor of Civil Law with distinction from the University of Oxford. He also has a Juris Doctor and a Bachelor of Arts with first class honours from the University of Melbourne.
Jack read with Frances Gordon KC.
Some of Jack’s recent cases are listed below:
High Court
AB v Independent Broad-based Anti-corruption Commission [2024] HCA 10 – judicial review, procedural fairness – led by Peter Hanks KC and Frances Gordon KC, for IBAC
Supreme Court and Court of Appeal
Berih v State of Victoria (ongoing) – class action, judicial review, Charter of Human Rights and Responsibilities, redevelopment of Melbourne’s public housing towers – led by Liam Brown SC, with Edwina Smith, for the State
Whyman v State of Victoria (ongoing) – negligence, misfeasance in public office, false imprisonment, breach of fiduciary duty, Stolen Generations – led by Ron Merkel KC, with Rachel Amamoo, for the plaintiff
Woodman v State of Victoria and Independent Broad-based Anti-corruption Commission (ongoing) – negligence, breach of statutory duty, unreasonableness, denial of procedural fairness, decision to conduct a public examination – led by Peter Hanks KC and then Emrys Nekvapil SC, for IBAC
Marrogi v Secretary, Department of Justice and Community Safety (ongoing) – judicial review, prisons, Charter of Human Rights and Responsibilities – led by Liam Brown SC, for the defendants
INP v Secretary to the Department of Families, Fairness and Housing (reserved) – appeal, child protection, Charter of Human Rights and Responsibilities – led by Alistair Pound SC, Solicitor-General for Victoria, for the Attorney-General for Victoria (intervening)
Albyn Queensland Pty Ltd v Australian Postal Corporation [2024] VSC 584 – appeal, civil claim, Burns v Corbett jurisdictional limit, judicial power – led by Frances Gordon KC, for Australia Post
Sharlin Pty Ltd v Cardinia Shire Council (resolved) – breach of contract, planning, rezoning – led by Barnaby Chessell, for the Council
AB v Independent Broad-based Anti-corruption Commission [2022] VSCA 283 – judicial review, procedural fairness – led by Peter Hanks KC and Frances Gordon SC, for IBAC
HJ v Independent Broad-based Anti-corruption Commission [2022] VSCA 282 – constitutional law, s 109, Melbourne Corporation doctrine – led by Peter Hanks KC, for IBAC
Woodman v Independent Broad-based Anti-corruption Commission [2022] VSC 684 – judicial review, procedural fairness – led by Frances Gordon SC, for IBAC
Ginnane v Australian Football League (Victoria) Limited (ACN 147 664 579) (application dismissed) – judicial review, breach of contract, domestic tribunal – led by Ben Ihle KC, for the AFL
Pakenham Place Shopping Centre JV Pty Ltd v Minister for Planning and Minister for Health (resolved) – judicial review, planning scheme amendment – led by Stuart Morris KC, with Roshan Chaile, for the plaintiff
Federal Court
Abramov v Minister for Foreign Affairs (No 2) [2023] FCA 1199 – judicial review, sanctions, War in Ukraine — led by Ron Merkel KC, with Shawn Rajanayagam, for the applicant
X v Chief Commissioner of Police (resolved) – judicial review, permission to leave Australia – led by Liam Brown, Crown Counsel for Victoria, for the Chief Commissioner of Police.
County Court
Jack regularly appears in applications under the Serious Offenders Act 2018 (Vic).
VCAT
Jack is frequently briefed in proceedings in VCAT, including planning matters and proceedings under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).
*Liability limited by a scheme approved under Professional Standards legislation
Areas of Practice
Publication
- Experiments in Automating Immigration Systems (Bristol University Press, 2022) (with Dr Joe Tomlinson)
- ‘‘Discrimination in digital immigration status’ (2021) 42 Legal Studies 315 (with Dr Joe Tomlinson and Alice Welsh)”
- ‘Court fees and access to justice in Australia’ (2021) 32 Public Law Review 91
- ‘Judicial Review and the Digital Welfare State in the UK and Australia’ (2021) 28 Journal of Social Security Law 94
- ‘Introductory Note to Privacy International v. Secretary of State for Foreign and Commonwealth Affairs and La Quadrature du Net v. Premier ministre’ (C.J.E.U.) (2021) 60 International Legal Materials 464 (with Dr Joe Tomlinson)
- ‘Government Models, Decision-Making, and the Public Law Presumption of Disclosure’ (2021) 25 Judicial Review 296 (with Dr Joe Tomlinson)
- ‘Judicial review during the COVID-19 pandemic’ [2021] Public Law 9 (with Dr Joe Tomlinson, Jo Hynes and Emma Marshall)
- ‘Proving algorithmic discrimination in government decision-making’ (2020) 20 Oxford University Commonwealth Law Journal 352 (with Dr Joe Tomlinson)
- ‘Public Law and Technology: Mapping and Analysing Legal Responses in UK Civil Society’ (2020) 25 Judicial Review 28 (with Dr Joe Tomlinson)
- ‘Liability of educational institutions for child abuse’ (2019) 93 Australian Law Journal 477
- ‘Epistemic injustice on Palm Island’ (2018) 43 Alternative Law Journal 40
- ‘One Step Forward, One Step Back: The Victorian Charter in Bare v Independent Broad-Based Anti-Corruption Commission’ (2016) 40 Melbourne University Law Review 371
- ‘“Two Systems of Law Side By Side”: The Role of Indigenous Customary Law in Sentencing’ (2015/2016) 19 Australian Indigenous Law Review 97
Qualifications & Memberships
QUALIFICATIONS
BA (Hons) JD (Melb) BCL (Dist) (Oxon)
MEMBERSHIPS & ASSOCIATIONS
Commercial Bar Association of Victoria
Australian Association of Constitutional Law
Australian Institute of Administrative Law