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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 emily.nance@ags.gov.au 7 May 2014. Government Action / Decision. Quick reference guide: ADJR Act vs Judiciary Act.
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Things every commercial lawyer should know about judicial reviewOverview of Judicial Review in the Federal Court Emily Nance Senior Executive Lawyer T 03 9242 1316emily.nance@ags.gov.au 7 May 2014
Quick reference guide: ADJRAct 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!
