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.
- 15 Feb 2018:
ALD15 v Minister for Immigration and Border Protection  FCA 94
MIGRATION - application for protection (class XA) visa - appeal from Federal Circuit Court of Australia - whether primary judge's decision affected by jurisdictional error - whether appellable error raised before the Court - unparticularised assertion of jurisdictional error - no error detected
Judge: Barker J
- 15 Feb 2018:
Spencer v Commonwealth of Australia  FCAFC 17
CONSTITUTIONAL LAW - appeal from a single judge of the Federal Court of Australia - whether the primary judge erred in holding that State laws restricting native vegetation clearance did not effect an acquisition of property within the meaning of s 51(xxxi) of the Constitution - whether the primary judge erred in holding that the appellant's…
Judge: Griffiths, Rangiah and Perry JJ
- 14 Feb 2018:
AEX15 v Minister for Immigration and Border Protection  FCA 82
MIGRATION - whether Refugee Review Tribunal erred by giving no weight to certain documentary evidence relied upon by the appellants - whether appellants denied procedural fairness - whether Tribunal acted illogically, irrationally or unreasonably - appeal dismissed
Judge: O'Callaghan J
Latest Speeches & Papers
- 1 Dec 2017:
Do judges make law?
Presented at the University of Notre Dame Australia Law Review, by Justice Barker
- 29 Nov 2017:
Rationality and reason in administrative law - Would a roll of the dice be just as good?
Presented at the Australian Academy of Law WA Chapter lecture, Perth, by The Hon R French AC.
- 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
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: