Centre Fellow - Daniel Reynolds

Daniel Reynolds is a Sydney-based lawyer practising and writing primarily in public and commercial law. From 2013 to 2019 he worked at Herbert Smith Freehills, taking leave in 2015 to serve as a tipstaff of the Supreme Court of NSW, and in 2017 to serve as a judicial associate of the High Court of Australia.

He has written over 25 publications, including articles on constitutional and public law in peer-reviewed academic journals, and has published three books. Daniel previously tutored Public Law at the Australian National University, and in 2013 received the AIAL National Essay Prize in Administrative Law. He is currently undertaking an LLM at the University of Melbourne, and holds undergraduate degrees from UNSW in Law (with Honours) and International Studies.

Daniel is currently a Barrister, reading on Eleven Wentworth.

Books

A Charter of Rights for Australia (4th ed, NewSouth Books, 2017) (with George Williams)

Leading Cases in Contract Law (Federation Press, 2017) (with Lyndon Goddard)

Leading Cases in Australian Law (Federation Press, 2016) (with Lyndon Goddard)

Book chapters

‘Human Rights Scrutiny by the Federal Parliament’ in Julie Debeljak and Laura Grenfell (eds), Law Making and Human Rights: Executive and Parliamentary Scrutiny across Australian Jurisdictions(Thomson Reuters, forthcoming in 2020) (with George Williams)

‘Parliamentary Human Rights Vetting and Deliberation’ in Ron Levy, Hoi Kong, Graeme Orr and Jeff King (eds), The Cambridge Handbook of Deliberative Constitutionalism (2018, Cambridge University Press) 72 (with George Williams)

Peer-reviewed journal articles

‘The Injunction in Section 75(v) of the Australian Constitution’, Public Law Review (forthcoming in 2019)

‘Rethinking Equitable Damages’, Journal of Equity (forthcoming in 2019)

‘An Implied Freedom of Political Observation in the Australian Constitution’ (2018) 42(1) Melbourne University Law Review 199

‘What Are the Duties of Constructive Trustees?’ (2018) 41(4) UNSW Law Journal 1297

‘Petitioning the Australian Parliament: Reviving a Dying Democratic Tradition’ (2016) 31(1) Australasian Parliamentary Review 60 (with George Williams)

‘The Operation and Impact of Australia’s Parliamentary Scrutiny Regime for Human Rights’ (2015) 41(2) Monash University Law Review 241 (with George Williams)

‘The Racial Discrimination Act and the Australian Constitution’ (2015) 36(1) Adelaide Law Review 241 (with George Williams)

‘The Independent Reviewer for Adverse Security Assessments: Comfort but not Hope for Indefinitely Detained Refugees’ (2013) 20(4) Australian Journal of Administrative Law 199

‘The Constitutionalisation of Administrative Law: Navigating the Cul-de-Sac’ (2013) 74 AIAL Forum 76

Other journal articles

‘Anti-Suit Injunctions in Aid of Legal and Equitable Rights’, Australian Law Journal (forthcoming in 2020)

‘Corporate Knowledge: The Search for the Relevant Mind(s)’ (2018) 92 Australian Law Journal 991

‘Out on a Limb: Australia’s Troubling Exceptionalism on Human Rights’ (2017) 38 Law Society Journal 40 (with George Williams)

‘Victoria Leads on Human Rights’ (September 2017) Law Institute Journal 24 (with George Williams)

‘Gender Equality among Barristers Appearing before the High Court’ (2017) 91(6) Australian Law Journal 483 (with George Williams)

‘A Human Rights Act for Queensland? Lessons from Recent Australian Experience’ (2016) 41(2) Alternative Law Journal 81 (with George Williams)

‘Construction of Contracts after Mount Bruce Mining v Wright Prospecting’ (2016) 90(3) Australian Law Journal 190

‘Builders, Duty of Care and Vulnerability’ (2013) 51 Law Society Journal 72 (with Christopher Kerin)

‘The ICRC Customary Law Study: A Small Step towards More Humane Wartime Practices?’ (2013) 7 Court of Conscience 55

Submissions to public inquiries

Submission to Inquiry into the Future of Petitioning in the House, Parliament of Australia, House of Representatives, Standing Committee on Petitions, 6 November 2018 (with George Williams and Sam Lee)

Submission to Inquiry into a Possible Human Rights Act for Queensland, Queensland Parliament, Legislative Assembly, Legal Affairs and Community Safety Committee, 11 March 2016 (with George Williams)

Media publications

‘Time to Fix Australia’s Odd Absence of Rights Protections’, The Australian Financial Review, 10 August 2017 (with George Williams)

‘How a Charter of Rights Could Protect Australians’ Fundamental Freedoms’, The Conversation, 7 August 2017 (with George Williams)

‘In Australia, Animals Have Better Rights than Asylum Seekers’, The Conversation, 13 June 2014 (with Julian Burnside)

Academic blog posts

‘Arbitration Clauses before the High Court of Australia’, Herbert Smith Freehills – Legal Briefings, 19 November 2018 (with Leon Chung)

‘Australian Democracy Could Be Improved by Breathing New Life into an Ancient Tradition’, AUSPUBLAW, 10 November 2016 (with George Williams)

‘The First Four Years of Australia’s Parliamentary Scrutiny Regime for Human Rights’, AUSPUBLAW, 7 April 2016 (with George Williams)

Book reviews

‘Review: The Oxford Handbook of the Australian Constitution’, Australian Law Journal (forthcoming in 2019)

‘Review: A Second Chance for Justice’ (2013) 38(4) Alternative Law Journal 283

‘Review: Slow Violence and the Environmentalism of the Poor’, (2013) 38(2) Alternative Law Journal 134