The Murray Darling Basin Plan – courts and water use

The court weighing in on the cancellation of Novak Djokovic's visa was a recent example of how the courts function to keep a check on government power, a process known as "judicial review".

In Djokovic v Minister for Immigration, the Federal Court of Australia held that the power to cancel a visa for "public health, safety and good order" under the Migration Act 1958 (Cth) permitted the Minister to cancel Djokovic's visa as an unvaccinated sportsperson. However, migration matters are just one type of executive power that the courts are able to engage with and decide whether a decision was made in accordance with a given law. Water law is an area where courts have a role to play in ensuring that the decisions of the relevant Minister and statutory bodies are consistent with what is authorised by legislation.