Administrative and Constitutional Law & Human Rights
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.
Latest Judgments
- 17 Jun 2019:
Commonwealth of Australia v Snell (No 2) [2019] FCAFC 97
COSTS - where respondent in late stages of terminal cancer - where appeal allowed but certain grounds unsuccessful - where no apparent need for second interlocutory application - exercise of discretion to reach just and appropriate outcome - granting of opportunity for appellant to vary or discharge the order - granting of costs certificate to…
Judge: Allsop, Reeves and Derrington JJ - 17 Jun 2019:
BHL19 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 929
MIGRATION - judicial review of Minister's decision under s 501(1) of the Migration Act 1958 (Cth) to refuse to grant the applicant a Temporary Protection (subclass 785) visa on character grounds - where Minister not satisfied applicant passed character test by reasons of s 501(6)(d)(v) - whether decision affected by jurisdictional error - whether…
Judge: Thawley J - 14 Jun 2019:
CPU18 v Minister for Home Affairs [2019] FCA 922
MIGRATION - appeal from a judgment of the Federal Circuit Court of Australia - whether the primary judge erred in concluding that the Immigration Assessment Authority (IAA) had engaged appropriately with the requirements of s 473DD of the Migration Act 1958 (Cth) - where new information was provided to the IAA - appeal dismissed
Judge: Reeves J
Latest Speeches & Papers
- 15 Feb 2019:
The federal and state courts on constitutional law: The 2018 term
Presented to the Gilbert + Tobin Centre of Public Law, 2019 Constitutional Law Conference, by Justice Moshinsky. - 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
Related links
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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Practice Notes
Forms & Rules
The key forms and rules for commencing proceedings are:
Administrative Law:
- An application for judicial review under ss 39B(1) and (1A) the Judiciary Act:
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- An application for judicial review under the ADJR Act:
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- An appeal on a question of law from the Administrative Appeals Tribunal, Superannuation Complaints Tribunal or National Native Title Tribunal:
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Constitutional Law:
- An application arising under the Australian Constitution or its interpretation:
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Human Rights:
- An application for unlawful discrimination under the Australian Human Rights Commission Act 1986 (Cth)
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Legislation
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 Rights
More LegislationSelf-Represented Litigants
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:
