Commercial Bar Judicial Review Seminar

Commercial Bar Judicial Review Seminar

Things every commercial lawyer should know about judicial review Overview of Judicial Review in the Federal Court Emily Nance Senior Executive Lawyer T 03 9242 1316 [email protected] 7 May 2014 Government Action / Decision 2 Quick reference guide: ADJR Act vs Judiciary Act When should I recommend applying for review under the ADJR Act?

When your client requires reasons for the decision (s 13); When there may not be an error of law amounting to jurisdictional error in the decision; When trying to establish that there is no evidence for a finding of fact; Where your client needs added flexibility in relation to remedies. When should I recommend to applying for review under s 39B of the Judiciary Act?

Where the decision under review falls under Schedule 1 to the ADJR Act; Where review is sought of an act, rather than a decision or conduct for the purpose of making a decision; Where the decision is legislative in character, not administrative; Where there may otherwise be an issue of whether the decision was made under an enactment Where there is a self-executing statutory provision such that there is no administrative decision being made. Or you can hedge your bets and bring an application under both! 3

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