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.
- 13 Jan 2017:
Selia v Commonwealth of Australia  FCA 7
ADMINISTRATIVE LAW - Judicial Review - Professional Services Review Scheme under Part VAA of the Health Insurance Act 1973 (Cth) - where Professional Services Review Committee found applicant dentist engaged in "inappropriate practice" as defined in s 82 - meaning of "initiating" in s 82 - where applicant billed Medicare for dental services in…
Judge: Perry J
- 9 Jan 2017:
Save Beeliar Wetlands (Inc) v Commissioner of Main Roads  FCA 4
ENVIRONMENT LAW - approval granted under s 130(1) and s 133 of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) to the Commissioner of Main Roads in Western Australia for the carrying out construction works which adversely affects the habitat of the black cockatoos at the site of the works - approval given subject to the…
Judge: Siopis J
- 9 Jan 2017:
Salama v Minister for Immigration and Border Protection  FCA 2
MIGRATION - cancellation of visa under s 109 of the Migration Act 1958 (Cth) - online visa application form - where appellant answered "divorced" to question as to relationship status - whether Tribunal erred in considering whether the appellant's answer was "incorrect" within the meaning of s 101 - whether answer of "married" on online visa…
Judge: Perry J
Latest Speeches & Papers
- 25 Nov 2016:
What is a question of law following Haritos v Federal Commissioner of Taxation?
Presented by Justice Kerr at the Hot Topics Seminar: Commonwealth Compensation, Sydney.
- 1 Sep 2016:
Legal issues on Brexit
Presented at the Sir Harry Gibbs Law Dinner by Justice Edelman.
- 9 Jun 2016:
The relationship between parliament, the judiciary and the executive ("the Latimer House principles")
Delivered at the 27th Commonwealth Parliamentary Seminar, Parliament House, Brisbane by Justice Logan.
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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)
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:
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.