Federal Court of Australia

Form 56: Application for an Order of Review under the Administrative Decisions (Judicial Review) Act 1977
Version: 6
Rule: Order 54
Download: Form 56 in rich text format

Guide to Form 56

Please read this guide and the form carefully. As the party applying for an order of review you are responsible for making sure all your paperwork is in order. Although the Court’s Registry staff can check your forms and other court papers for completeness (for example, they check for signatures, and that attachments are present and signed by an authorised person within your State or Territory) and give you information about the Court’s procedures, they can not give you legal advice and they are not responsible for the accuracy of your documents.

When should you use Form 56?

Form 56 should be used if you wish to apply for an order of review of an administrative decision or conduct under the Administrative Decisions (Judicial Review) Act 1977.

The grounds upon which you can ask the Court for an order of review of a decision are set out in section 5 of the Administrative Decisions (Judicial Review) Act 1977 and include:
· that a breach of the rules of natural justice occurred in connection with the making of the decision;
· that procedures that were required by law to be observed in connection with the making of the decision were not observed;
· that the person who purported to make the decision did not have jurisdiction to make the decision;
· that the decision was not authorized by the enactment in pursuance of which it was purported to be made;
· that the making of the decision was an improper exercise of the power conferred by the enactment in pursuance of which it was purported to be made;
· that the decision involved an error of law, whether or not the error appears on the record of the decision;
· that the decision was induced or affected by fraud;
· that there was no evidence or other material to justify the making of the decision;
· that the decision was otherwise contrary to law.

You can also apply for an Order of Review in relation to:
· conduct that is being engaged in (or is proposed to be engaged in) by a decision maker for the purpose of making a decision;
· failures to make decisions.

Drafting an application for an order of review can be very difficult. It is therefore recommended that the Application be prepared with legal assistance.

You can get contact details of organisations which may be able to provide free or low-cost legal advice or assistance from the Registry or see the Court’s website.

How do you apply?

An application for an order of review must be made to the Court in the following way:

1. Get a Form 56 and fill it out. On this form you are called the applicant. You can get a copy of Form 56 from the Registry or download a copy from the Court’s website.

2. Your application must usually be made within 28 days of the date when you received the document notifying you of the reasons for the decision (not the decision itself). If you have not received a document notifying you of the reasons for the decision you can write to the decision-maker requesting them to provide you with a document setting out their findings of fact, the evidence or other material that they referred to and giving the reasons for the decision. The Act states that the decision-maker must provide you with this document no later than 28 days after you request it.

3. If the time to appeal has run out you must also apply for an extension of time and set out the reasons for the delay by completing a Form 20: Affidavit. You can get a copy of Form 20 and instructions for filling it out from the Registry or the Court’s website.

4. The original application plus a copy for each respondent must be delivered to the Federal Court. You can do this by bringing the documents to the Court, or by posting or faxing them, or by sending them by the internet. This is called filing. More information about filing is available from the Registry and on the Court’s website.

Make sure you have a copy of the application for yourself.

5. Pay the application fee. If you cannot afford this fee you may be able to ask the Court to reduce it*. You can get a form to ask the Court to reduce payment and information about the circumstances where a reduction can be given on the Exemption and reduction of fees pages or from the Registry.

* Note: Up to October 2010, the Court could waive Court fees in some circumstances. Changes to the Federal Court of Australia Regulations 2004 introduced on 1 November 2010 means the Court can no longer waive fees; the Court can however, reduce the payment of Court fees if it will result in financial hardship.

6. If the documents are in the correct form Registry staff will stamp the original and the copies of the application. The Registry will also write on the application the time and date when the matter will be first considered by the Court.

7. You must arrange for a stamped copy of the application to be served on each respondent. For information about service see Order 7 rule 4 of the Federal Court Rules.

8. If you need the operation of the decision or conduct to be suspended until your application is heard you must usually file a separate application to the Court. Use Form 27 and Form 20. Copies of these forms and instructions for filling them out are available from the Registry or the Court’s website.

How to fill in your Application for an Order of Review

Please read all of these notes before completing the application form.

These instructions assume that you are not represented by a lawyer.

Heading

In the spaces provided, write:
· your full name
· the name of each respondent to the application.

Paragraph 1

This paragraph gives you four options – you should delete those that are not applicable.

(a) In the spaces provided, write:
· the name of the person (for example, Centrelink or Commissioner of Taxation of the Commonwealth of Australia) that made the decision;
· the decision that you want the Court to review.

(b) In the spaces provided, write:
· the name of the person (for example, Centrelink or Commissioner of Taxation of the Commonwealth of Australia) that has been engaged in the conduct;
· the conduct that you want the Court to review.

(c) In the spaces provided, write:
· the name of the person (for example, Centrelink or Commissioner of Taxation of the Commonwealth of Australia) that proposes to engage in the conduct;
· the proposed conduct that you want the Court to review.

(d) In the spaces provided, write:
· the name of the person (for example, Centrelink or Commissioner of Taxation of the Commonwealth of Australia) that has failed to make a decision;
· the decision that you allege should have been made.

Paragraph 2

In this part of the form you must write how the decision or conduct or proposed conduct or failure to make a decision adversely affects you.

Paragraph 3

In this part of the form you must write down the reasons for your application. These reasons may be one or more of the grounds for review set out in section 5 of the Act.

If you are alleging that the there has been fraud, bad faith or bias on the part of the respondent you must include specific details of the fraud, bad faith or bias in the application.

Paragraph 4

In this part of the form you must write the orders that you want the Court to make.

Date and signature

The application must be signed and dated.

Respondent details

In the space provided after the words "To the respondent", write the address of each respondent.

Paragraph commencing “This application”

The paragraph commencing with “This application” is completed by the Registry staff when you file the application. It gives the date, time and location of the first directions hearing.

Address for service

In the next space provided write the address to which the Court or the respondent can deliver or send letters or documents to you. The address must be in Australia. The address must be a street address and cannot be a Post Office Box. This is called your address for service.

Filing details

Under the horizontal line on the first page of the application, write:
· your name
· your address for service, telephone number and facsimile number (if any).

(January 2005; updated June 2009)