Judicial Review - The Laws of Australia

Judicial review is an expanding and constantly evolving area of law. Challenging the validity of administrative or executive decisions in the Federal Court of Australia or the state Supreme Courts has become a large part of everyday practice for many practitioners.

Judicial Review – The Laws of Australia acquaints practitioners and students with the principles of Judicial Review in Australia. It is an encyclopaedic and practical work which covers judicial review of administrative decisions at the state, territory and federal levels.

The text covers:

• the administrative law system in Australia;
• delegated legislation and judicial review challenges;
• what are reviewable decisions and conduct;
• the grounds of judicial review;
• procedural fairness (a separate and detailed treatment); and
• remedies in judicial review.

Mark Robinson SC, Editor, is a senior counsel based in Sydney practising in administrative law and general law for over 25 years. Mark leads an impressive team of authors and editors comprising some of the best administrative law lawyers and academics in Australia today. 

This material is also published as part of Title 2 "Administrative Law" of The Laws of Australia legal encyclopaedia. As such it retains that work’s easy-to-read style: each main paragraph opens with a bold proposition that encapsulates the relevant legal principle, while the text that follows sets out and analyses complexities, nuances and developments in the law. Extensive referencing makes this work the ideal starting point for research across any Australian jurisdiction. 

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2.1 Administrative Law System

Introduction

Administrative System in its Legal and Constitutional Context

Nature, Exercise and Control of Administrative Acts

2.2 Delegated Legislation

Introduction

Making Delegated Legislation

Parliamentary Review of Delegated Legislation

Judicial Review of Delegated Legislation

2.4 Judicial Reivew of Administrative Action: Reviewable Decisions, Conduct and Powers and General Grounds

Introduction

Reviewable Decisions, Conduct and Powers

Decisions under Contractual and Common Law Powers

Irrelevant Considerations

Failure to Consider a Relevant Matter

Unauthorised Purpose

Bad Faith and Fraud

Unreasonableness

Error of Law and Want of Jurisdiction

No Evidence

Failure to Exercise Discretion

2.5 Judicial Review of Administrative Action: Procedural Fairness

Introduction

Duty to Observe Procedural Fairness

Hearing Rule

Rule Against Bias

2.6 Remedies in Judicial Review

Introduction

Standing

Judicial Discretion

Prerogative Orders

Declarations

Injunctions

Remedies under Administrative Decisions (Judicial Review) Act 1977 (Cth)

Ouster Clauses

Justiciability

Damages

Effect of Invalid Administrative Action and Other Procedural Matters

Product Reviews

• (2014) 22 AJ Admin L77 [PDF 46335]