Arron Hartnett

Higgins Chambers
11

About

Arron was called to the bar in 2017. Arron’s principal areas of practice are public and administrative law, migration, regulatory and disciplinary proceedings, employment law and family law.

Arron has appeared in complex statutory entitlement matters for Commonwealth agencies in appeals (for example, He v Secretary, Department of Education, Skills and Employment [2024] FCA 819). He has succeeded in seeking novel declarations against federal government ministers immunising particular Aboriginal Australian non-citizens from being removed from Australia by reason of their being outside of the ‘aliens power’ in s 51(xix) of the Constitution (for example, Hirama v Minister for Home Affairs [2021] FCA 648 (unled against silk)). He has been engaged by foreign governments to perform refugee status determinations for asylum-seekers.

Arron routinely acts for state and Commonwealth government clients (as well as individuals and entities) in merits review proceedings in State and federal Tribunals and in judicial review proceedings in superior courts involving a wide range of government decision-making and exercises of public power. He has acted for and against government agencies in disciplinary proceedings before specialist boards and panels and in proceedings and in complex civil penalty proceeding matters. He regularly appears in the Full Court of the Family Court on complex questions of law (as well as appearing at the trial level).

Arron appeared for the plaintiffs in the landmark High Court case of Love v Commonwealth of Australia (2020) 270 CLR 152; [2020] HCA 3 and also in Thoms v Commonwealth of Australia (2022) 96 ALJR 635; [2022] HCA 20 (led by Stephen Keim SC in both cases).

Prior to coming to the bar, Arron worked for State government departments developing primary and subordinate legislative proposals for the Queensland Parliament. His background in legislative drafting gives him unique insight to complex statutory construction questions.

Arron is a member of the Australian Bar Association’s Ethics Committee. He regularly contributes to the Law Council of Australia’s publication ‘Chapter III’. Arron is a member of the Australian Association of Constitutional Lawyers and the Law Council of Australia’s Federal Litigation and Dispute Resolution Section.

Arron is a sessional academic at QUT, tutoring in constitutional law and evidence.
Areas of Practice
Administrative and Public Law
Appellate Law
Migration
National Disability Insurance Scheme
Constitutional Law
Regulatory and disciplinary matters
Employment Law
Workplace Investigations
Family Law
Year of call
2017

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