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
- 9 Dec 2021:
Mohamed trading as Billan Family Day Care v Secretary, Department of Education, Skills and Employment (No 3) [2021] FCA 1537
ADMINISTRATIVE LAW - application to review a decision cancelling provider approval under s 195H of the A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) DAMAGES - undertaking as to damages given in support of an application to stay the decision under s 15 of the Administrative Decisions (Judicial Review) Act 1977 (Cth), pending…
Judge: O'Bryan J - 8 Dec 2021:
McAtamney v Superannuation Complaints Tribunal [2021] FCA 1539
SUPERANNUATION - application for extension of time to appeal from a decision of the Superannuation Complaints Tribunal - whether acceptable explanation provided for the delay - whether proposed appeal had merit - application dismissed
Judge: Moshinsky J - 8 Dec 2021:
Rothfield v Office of the Australian Information Commissioner [2021] FCA 1524
ADMINISTRATIVE LAW - judicial review - reasons for judgment published by the Victorian Court of Appeal referred to the applicant - applicant alleged publication of reasons breached the spent convictions scheme contained in the Crimes Act 1914 (Cth) - applicant made complaint about publication to respondent - respondent made decision not to…
Judge: Snaden J
Latest Speeches & Papers
- 21 Oct 2021:
AI and Automated Decision-Making: Are you just another number?
Presented to the Gilbert & Tobin Centre of Public Law, UNSW Law & Justice and the NSW Chapter, Australian Institute of Administrative Law event 'Kerr’s Vision Splendid for Administrative Law: Still Fit for Purpose? – Online Symposium on the 50th - 24 Aug 2021:
Reviewing judicial power for jurisdictional error: Some recent migration cases
Address to the WA Chapter of the Australian Institute of Administrative Law by Justice Colvin. - 4 Sep 2019:
Of shields and swords - let the jousting begin!
Presented at Freedom19 Conference, Sydney, by Justice Sarah Derrington.
Related links
Interpreters & Translators
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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:
