Welcome to the 2025 Sir Anthony Mason Constitutional Law Essay Competition.

The Sir Anthony Mason Essay Competition is an annual event for undergraduate and Juris Doctor students. The competition winner will receive a $500 prize and have their essay published on LSJ Online. 

Students can take part in the competition by submitting a 1500  word essay before Sunday, 31 August 2025. Please note that this total word count does not include non-discursive footnotes or bibliographies.

Shortlisted individuals will be invited to attend the awards ceremony hosted by NSW Young Lawyers in late 2025. Please email young.lawyers@lawsociety.com.au if you have any questions.

Questions:

Question 1: The Separation of Powers

Having regard to the separation of powers, discuss whether the Administrative Review Tribunal is best categorised as part of the executive or judiciary.

As part of your answer you should have regard to the binding/persuasive nature of Tribunal decisions, and also the interaction between the Tribunal and other arms of the executive.

Question 2: The Aliens Power

Discuss ASF17 v Commonwealth [2024] HCA 19 compared to the High Court’s ruling in NZYQ v Minister for Immigration [2023] HCA 37.

As part of your answer please identify any key differences in the facts of each matter, you should also outline and have regard to the impact of Love v Commonwealth of Australia [2020] HCA 3.

Question 3: The Acquisition of Property Power

Discuss the powers under s 51(xxxi) of the Australian Constitution, and the recent development in relation to Native title as considered in Commonwealth v Yunupingu [2023] FCAFC 75.

As part of your answer discuss ‘just terms’ as found in Newcrest Mining (WA) Ltd v Commonwealth (1997) 190 CLR 513.

Question 4: Discuss and evaluate any significant developments in constitutional law in 2024- 2025