Alana is a specialist public law solicitor, having worked exclusively in public and administrative law since 2019. Alana is a skilled solicitor advocate and a trusted advisor to State and Commonwealth government clients.
Alana manages a large case load of merits and judicial review matters. She regularly provides advice to government clients and appears as a solicitor advocate in complex and significant litigation conducted in state and federal courts and tribunals.
Alana has undertaken secondments with her government clients and has been recognised by clients as a collaborative lawyer who is able to pre-empt issues and propose solutions.
Alana has presented continuing professional development seminars to government clients on topics including public interest immunity, statutory extension of time provisions, legal unreasonableness and materiality, strategic litigation decision making and protection obligations under the Migration Act 1958 (Cth).
Experience
- Appearing as a solicitor advocate in merits review proceedings concerning whether there was another reason why an earlier visa cancellation should be revoked: Mamaku v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] AATA 753; PVBJ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 2339.
- Successfully appearing as a solicitor advocate on behalf of the Minister for Immigration in judicial review applications, including in: Jahan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 267; Neupane v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 492; Subedi v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 338; Singh v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 771; DFT18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 63.
- Successfully appearing as a solicitor advocate on behalf of the Department of Transport and Planning (Vic) as the defendant to demerit point appeals conducted in the Victorian Magistrates’ Court (Criminal jurisdiction).
- Preparing Tribunal documents and tender bundles, issuing summonses and drafting statements of facts, issues and contentions in Tribunal matters relating to reviews of visa cancellations and refusals, including in: PYCS and Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 4426; Holloway and Minister for Immigration, Citizenship, and Multicultural Affairs [2023] AATA 182; QXBV and Minister for Immigration, Citizenship and Multicultural Affairs [2023] AATA 1970.
- Advising on the doctrine of functus officio and the appropriate relief to seek from the Court upon remittal in: BBS22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (SYG447/2022).
- Advising the Department of Transport and Planning, Victoria on whether ministerial briefing documents were subject to the statutory exemptions from disclosure in Part IV of the Freedom of Information Act 1982 (Vic), and the legislative basis for proposed redactions to the documents.
- Advising the National Disability Insurance Agency on compliance with Appendix B of the Legal Services Directions 2017 (Cth).
- Successfully representing the Department of Home Affairs in an application for judicial review of a Partner visa refusal, including providing advice on the evidentiary requirements of non-judicially determined family violence claims and instructing Junior Counsel in: Fu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 161.
- Instructing Senior and Junior Counsel in significant litigation before the Full Court of the Federal Court of Australia involving an issue about the proper construction of section 477(2) of the Migration Act 1958 (Cth) (time limits on applications to the Federal Circuit and Family Court of Australia): BTI15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 49.
- Instructing Junior Counsel in litigation in the Federal Court relating to a review of a decision of the Tribunal which affirmed a delegate’s refusal to grant the applicant a Protection visa under section 36(1C) of the Migration Act 1958 (Cth) (danger to the Australian community): NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 976.
- Instructing Senior Counsel in significant litigation in the Federal Court of Australia concerning the proper construction of section 423A of the Migration Act 1958 (Cth) (how the Tribunal is to deal with new claims or evidence): EQU19 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1182.