About this NPA
The Administrative and Constitutional Law and Human Rights National Practice Area (NPA) comprises:
- matters concerning the judicial review of decisions and conduct involving Commonwealth enactments and powers on grounds relating to the legality, rather than the merits, of the decision, including judicial review applications:
- pursuant to s 39B of the Judiciary Act 1903 (Judiciary Act)
- under the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act)
- under ss 476A and 476B(3) of the Migration Act 1958
- appeals on questions of law from the Administrative Appeals Tribunal (AAT), the Superannuation Complaints Tribunal and the National Native Title Tribunal (NNTT)
- complaints about unlawful discrimination no longer being dealt with by the Australian Human Rights Commission
- matters concerning the Australian Constitution.
- 12 Dec 2017:
Slopen Main Pty Ltd (Trustee) v Hope  FCAFC 203
ADMINISTRATIVE LAW - appeal against orders setting aside decision recommending grant of approval to supply pharmaceutical benefits from premises - alleged denial of procedural fairness in relation to adverse findings of fraud in a public law sense - whether appellant had had opportunity to respond to issue that could have altered findings - held:…
Judge: Griffiths, Mortimer and Bromwich JJ
- 11 Dec 2017:
CSJ15 v Minister for Immigration and Border Protection  FCA 1463
MIGRATION - appeal from a judgment of the Federal Circuit Court which dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal - where the Tribunal had affirmed a decision of a delegate of the Minister for Immigration and Border Protection to refuse to grant a Protection (Class XA) visa - whether the…
Judge: Tracey J
- 11 Dec 2017:
Zaburoni v Minister for Immigration and Border Protection  FCAFC 205
PRACTICE AND PROCEDURE - application to adduce new evidence - where new evidence contained statements of reasons from visa cancellation decisions which contained substantially similar words to those used by the Minister in his statement of reasons in this case - whether new evidence was intended to support a case not run below - leave refused…
Judge: Griffiths, Moshinsky and Bromwich JJ
Latest Speeches & Papers
- 1 Dec 2017:
Do judges make law?
Presented at the University of Notre Dame Australia Law Review, by Justice Barker
- 27 Nov 2017:
Judicial review of public and private employment contracts
Presented at the Third National Underlying Law Conference, Papua New Guinea, by Justice Collier
- 27 Nov 2017:
Executive intervention in judicial functions and judicial encroachment into executive functions - Defining the boundaries
Delivered at the National Conference on Development of the Underlying Law on Administrative Law, Port Moresby, by Justice Logan.
Interpreters & Translators
The Australian Government's Translating and Interpreting Service can supply telephone or on-site interpreting.
It is available 24 hours a day, 7 days a week and is accessible from anywhere in Australia for the cost of a local call by telephoning 131 450.
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Forms & Rules
The key forms and rules for commencing proceedings are:
- An application for judicial review under ss 39B(1) and (1A) the Judiciary Act:
- An application for judicial review under the ADJR Act:
- An appeal on a question of law from the Administrative Appeals Tribunal, Superannuation Complaints Tribunal or National Native Title Tribunal:
- An application arising under the Australian Constitution or its interpretation:
- An application for unlawful discrimination under the Australian Human Rights Commission Act 1986 (Cth)
Administrative & Constitutional Law
- Commonwealth of Australia Constitution Act
- Judiciary Act 1903 (Cth)
- Administrative Decisions (Judicial Review) Act 1977 (Cth)
- Administrative Appeals Tribunal Act 1975 (Cth)
Human RightsMore Legislation
If you are starting a matter or a person has started a matter against you and you do not have legal representation and are conducting the matter and acting for yourself then you are called a self-represented litigant.
The Court has developed a number of resources to assist litigants including: