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
- 30 May 2023:
DGT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 552
MIGRATION - appeal from Federal Circuit and Family Court of Australia (Division 2) - where primary judge dismissed application for judicial review of a decision of the Immigration Assessment Authority (the "IAA") - where leave sought to rely on new grounds of appeal - where error alleged by failure to refer protection files of appellant's family…
Judge: Snaden J - 30 May 2023:
BAO18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 550
MIGRATION - appeal from Federal Circuit Court of Australia - application for extension of time - whether appeal competent - where Immigration Assessment Authority satisfied 'exceptional circumstances' justified consideration of new country information under Migration Act 1958 (Cth) s 473DD - whether new country information becoming available after …
Judge: Perram J - 30 May 2023:
Minister for Immigration, Citizenship and Multicultural Affairs v SZRWS [2023] FCAFC 83
MIGRATION - appeal from orders of the Federal Circuit and Family Court of Australia (Division 2) - where Commonwealth policy restricts certain food being brought into immigration detention centres by visitors - whether s 273(1) of the Migration Act 1958 (Cth) authorises contracted third party to exclude visitors in accordance with policy - power…
Judge: Perram, Perry and Thawley JJ
Latest Speeches & Papers
- 8 Mar 2023:
Judicial accountability – new developments and threats
Paper delivered at the Commonwealth Lawyers’ Conference by Justice Logan. - 28 Oct 2022:
"March in the guilty bastard"? - Administrative action and military discipline
Paper delivered to the Advanced Military Administrative Law Course, University of Adelaide. - 8 Oct 2022:
Australian Courts and the Extraterritorial Operation of Laws – Consumer and Competition Laws
A paper presented to the Australian Judicial Officers Association 2022 Colloquium
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:
