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    Michael Tong
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    This document discusses the process for seeking judicial review of administrative decisions made by the Commonwealth government in Australia. It outlines first determining if merits review is available, then identifying the applicable judicial review regime and court with jurisdiction. It also addresses requirements for standing and justiciability that must be satisfied before considering potential grounds for judicial review and applicable remedies.

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    Judicial Review Flowchart(1)

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    This document discusses the process for seeking judicial review of administrative decisions made by the Commonwealth government in Australia. It outlines first determining if merits review is available, then identifying the applicable judicial review regime and court with jurisdiction. It also addresses requirements for standing and justiciability that must be satisfied before considering potential grounds for judicial review and applicable remedies.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    936 views2 pages

    Judicial Review Flowchart

    Uploaded by

    Michael Tong
    This document discusses the process for seeking judicial review of administrative decisions made by the Commonwealth government in Australia. It outlines first determining if merits review is available, then identifying the applicable judicial review regime and court with jurisdiction. It also addresses requirements for standing and justiciability that must be satisfied before considering potential grounds for judicial review and applicable remedies.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
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    of 2

    Judicial Review of Commonwealth Govt Action

    Edward Santow UNSW, Faculty of Law

    Administrative decision: is merits review available?

    If yes, then seek merits review (eg, in a tribunal)

    If no, seek judicial reviewwhich JR regime applies? - ADJR Act? - A specific legislative JR scheme? - Constitution/Judiciary Act/CL?

    Which court have jurisdiction? What does the legislation provide for?

    Does the applicant have standing to seek JR? - Satisfy standing test? - Is a JR remedy available?

    Are the other justiciability reqts met? - Under the ADJR Act, is there a decision/conduct of an administrative character made under an enactment? - Is there a matter? - Does the dispute raise polycentric issues?

    If all the above reqts satisfied, consider: - JR grounds; and - the applicability of a remedy or remedies.

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