Administrative Law: Notice of Adjudication, Amicus Curiae, and Burdens

This assignment delves into key aspects of administrative law, specifically focusing on the notice of adjudication, amicus curiae, and the concept of burdens of proof. The notice of adjudication is explained as the formal communication initiating a dispute, detailing the nature of the issue, the desired remedy, and the relevant parties involved. The role of amicus curiae, or 'friend of the court,' is examined, highlighting its limited application and potential complexities within the Australian legal system. Furthermore, the assignment clarifies the two types of burdens: the burden of production, which requires the presentation of minimum evidence, and the burden of persuasion, which is the ongoing obligation to prove a claim. The document references relevant case law and legal texts to support the explanations. This assignment is designed to provide a comprehensive understanding of these critical components of administrative law, offering valuable insights for students and legal professionals alike. The assignment is contributed by a student for publication on Desklib, a platform which provides all the necessary AI based study tools for students.

Running head: ADMINISTRATIVE LAW
ADMINISTRATIVE LAW
Name of Student
Name of University
Author Note

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Notice of Adjudication
A notice of adjudication is the information for referring a dispute towards the
Adjudicator by one party of the dispute to another. The nature of the dispute, brief description
of it, details for the place and time of the starting of the dispute and the nature of the redress
that is being sought is seen to be including in the notice (Hall, 2015). The notice of
adjudication is sent by the plaintiff to the defending party. The participant to the adjudication
notice is the plaintiff who is seeking redress for the dispute.
Amicus Curiae
Amicus curiae can be defined as any professional person who is not a party towards
any case but has been given permission by the court to be assisting the court for providing
information, insight or expertise in relation to the particular case. The intervention of amicus
curiae has been a rare event in the courts of Australia.
In the cases where written submissions are ordered by the court to be filed in full and
there had been a time-limitation for an oral argument, an intervention by any amicus would
be creating confusions for the parties who do not have the idea whether to be addressing any
additional argument as was argued in the case Kruger v Commonwealth. Therefore the
involvement of more interested parties in the adjudication process cannot be deemed as
useful.
Burdens
The two types of burdens that are recognized by way of law are the ‘burden of
production’ and the ‘burden of persuasion’. These two ideas are jointly encompassed under

2ADMINISTRATIVE LAW
the ‘burden of proof’ for the establishment of the truth in a trial. The ‘burden of production’
is the burden for the production of the minimum evidence for the consideration of any claim
in dispute. The burden of persuasion can be described as the obligation of any person
remaining on them during the entire proceeding (Hall, 2015).

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Reference
Hall, D. (2015). Administrative law: Bureaucracy in a democracy. Boston: Prentice Hall.
Kruger v Commonwealth [1997] HCA 27