Leading up to the 2018 Liberal Party of Australia leadership spills, Brandis was increasingly willing to assert 'small-l liberal' positions and publicly criticised the coalition government and members of his own party, particularly the Conservative-wing of the party, including Immigration Minister Peter Dutton. Brandis was reported as being concerned about the new formation of the Department of Home Affairs under Dutton. Shortly after Dutton criticised lawyers who represented refugees and asylum seekers as 'un-Australian', Brandis gave a speech which championed lawyers and their role in ensuring the supremacy of the law against the executive government, which was largely seen as an attack on Dutton's comments.