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 Sep 2022:
Chambers v Chief Executive Medicare [2022] FCA 1164
SOCIAL SECURITY LAW - Application for review of decision of Chief Executive Medicare under s 20(1) of the Health Insurance Act 1973 (Cth) to refuse payment of Medicare rebate to the applicant - where decision not reviewable by the Administrative Appeals Tribunal - where Medicare rebate is not a social security benefit or social security periodic…
Judge: Rangiah J - 30 Sep 2022:
Chambers v Commissioner of Taxation [2022] FCA 1163
SUPERANNUATION - Application for review of decision of Commissioner of Taxation - where AAT found that the decision was not reviewable by the Tribunal under s 25 of the Administrative Appeals Tribunal Act 1975 (Cth) - whether Tribunal erred in refusing to remit the matter to Commissioner for redetermination - where applicant contends decision is…
Judge: Rangiah J - 30 Sep 2022:
Lhamo v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1167
MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia dismissing review of decision of Administrative Appeals Tribunal - application for student visa refused - where appellant failed to satisfy cl 500.217 of Schedule 2 to the Migration Regulations 1994 (Cth) - where appellant gave false answer to question about visa…
Judge: Banks-smith J
Latest Speeches & Papers
- 20 Jul 2022:
There runs the quick perspective of the future: Where to from here?
Robert French AC Oration delivered on 20 July 2022: There runs the quick perspective of the future: Where to from here? - 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.
Related links
Interpreters & Translators
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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:
