image of Jasmin Barker-MitchellJasmin Barker-Mitchell

Clayton Utz Special Counsel , Canberra T +61 2 6279 3588

Jasmin acts for and advises government and private sector clients in relation to litigation and dispute resolution, administrative law and investigations and inquiries. 

Having started her career in-house in Commonwealth Government, Jasmin has a strong understanding of the sensitivities of litigation and dispute resolution in the Commonwealth context, and of the needs of her Commonwealth clients. 

She represents her clients in merits and judicial review proceedings, public liability and professional indemnity claims, and Coronial Inquiries, provides administrative law advice and training, and conducts investigations including under the Public Interest Disclosure Act 2013.

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Litigation and Dispute Resolution

Commonwealth Government: Jasmin has represented the Commonwealth in over 30 public liability and professional indemnity claims brought against Commonwealth departments and agencies.

Government client: Jasmin represents the Board in Administrative Appeals Tribunal proceedings, and advises the Department regarding findings made under the Industry Research and Development Act 1986 (Cth) regarding the eligibility of companies for the Research and Development Tax Incentive.

Government client: Jasmin has advised the Department in relation to funding agreements and funding agreement disputes.

Government client: Jasmin represented the Department in Administrative Appeals Tribunal proceedings, regarding a decision made by a delegate of the Minister under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Private sector client: Jasmin represented her client as an affected third party in AAT proceedings, regarding the release of documents under FOI.

Government client: Jasmin represents the Secretary of the Department in AAT matters brought under the Higher Education Support Act 2003 (Cth).

Government client: Jasmin has represented the Secretary in AAT matters, including matters under the Fair Entitlements Guarantee Act 2012 (Cth), the A New Tax System (Family Assistance) (Administration) Act 1999 (Cth), the Disability Services Act 1986 (Cth), and the Student Assistance Act 1973 (Cth).

Government client: Jasmin represented the Department in Federal Court administrative law proceedings, where the applicant challenged a CDDA decision and payment made by the Department.

Commonwealth Government: Jasmin has advised and represented various Commonwealth agencies on debt recovery matters.

Government client: Jasmin assisted the Department to co-ordinate the whole-of-government response to a Commission of Inquiry, including providing analysis of witness statements and briefing and instructing Counsel at the hearings of the Commission.

See Litigation and Dispute Resolution

Administrative and Public Law

Government client: Jasmin conducted an analysis and review of State and Territory environmental legislation, regulations, programs and policy to identify gaps in State process for environmental assessments and approvals as compared to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) for the Department. This exercise informed the drafting and negotiation of bilateral agreements between the Commonwealth and the States under the EPBC Act.

Government client: Jasmin conducted a comprehensive analysis and review of obligations imposed on the Department under a range of legislation, and devising high-level strategies to assist the Department to ensure that it was both complying with its legislative obligations, and could demonstrate that compliance.

Commonwealth Government: Jasmin has investigated, advised on and drafted responses on behalf of a number of Commonwealth agencies to inquiries conducted by the Commonwealth Ombudsman and the Privacy Commissioner.

Commonwealth Government: Jasmin has conducted investigations on behalf of Commonwealth agencies under the Public Interest Disclosure Act 2013 (Cth), including interviewing witnesses, advising on privacy and secrecy matters and preparing extensive reports on investigation.

Government client: Jasmin has advised a national authority in relation to a large number of administrative decisions and claims for compensation made under the Safety, Rehabilitation and Compensation Act 1988 (Cth), including drafting reconsideration decisions.

Government client: Jasmin provides legal assistance to the Department, including drafting decision documents, in relation to Redress of Grievance applications and referrals.

Government client: Jasmin has advised on, and drafted recommendations for, decisions under a range of financial assistance schemes administered by the Department, including under the Commonwealth Public Interest and Test Cases Scheme and the Native Title Act 1993 (Cth).

See Administrative and Public Law


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