Law Notes Administrative Law Notes
A 197 page summarised bible of administrative law notes including detailed case and materials summaries, super summaries and flow charts intended for exam use. Structure of the summarised bible is as follows:
Class 1 - Accountability in an administrative state
Class 2 - Legality, Rules, Discretion & Policy
Class 3 - Statutory Interpretation and the Ombudsman
Class 4 - Subordinate Legislation
Class 5 - "Reasons for Decision"'; Freedom of Information
Class 6-8: Merits Review
Class 9: Stand...
The following is a more accessible plain text extract of the PDF sample above, taken from our Administrative Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Jurisdictional error is uncertain since it is a ‘conclusion’
If a proven ground of review can result in an act/omission being a nullity – it is a jurisdictional error
What counts as jurisdictional error isn’t certain but it at least includes:
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Kirk v Industrial Relations Commission [2010] HCA 1 French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ:
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Section 5(1) specifies the grounds on which a person may apply to the FC or FMC for review of a decision
s5(2) clarifies s5(1)(e)’s reference to an improper exercise of power and s5(3) clarifies s5(1)(h) – no evidence
section 6(1) specifies the grounds on which a person can apply to the FC/FMC for review of conduct (s6(2),(3) have the same purpose as in s5
Section 7 concerns failure to make decisions. Under 7(1) if someone has a duty to make a decision, there is no law prescribing a period in which it is to be made and the failed to do so then a review by the FMC/FC can be initiated
S7(2) provides the same for when a period is prescribed and they fail to make the decision
‘Jurisdiction’ is commonly used to describe the function of a court. But a distinction is made between:
A Jurisdictional Error – Family Court hearing a case arising under the ADJR Act, it exceeds jurisdiction
An error within jurisdiction – Family Court misinterprets a provision of the Family Law Act; this time the error arises in the course of exercising a valid jurisdiction
These errors are not nullities – they can be set aside by appeal if a statutory right exists or by certiorari for an error of law if another court has jurisdiction to issue that writ
Craig – no right to appeal against DCJ adjourning criminal trial and can’t be challenged by judicial review since the error wasn’t a jurisdictional matter or an issue on the face of the record
Posner – Failure to serve court order for payment of family maintenance not jurisdictional matter; can’t be collaterally challenged in another court to enforce the maintenance order, can only be corrected in the jurisdiction it was made in
A jurisdictional error causes the proceeding/order to be invalid and can be corrected by statutory appeal if available or by prohibition (prevent the excess of jurisdiction), mandamus (compel a fresh exercise of jurisdiction), certiorari (quash the proceedings) or declaration that it is a nullity
Generally privative clauses don’t preclude judicial review of jurisdictional error but potentially can
Bhardwaj – ‘a decision involving jurisdictional error has no legal foundation and is properly to be regarded in law as no decision at all’; hence the relevant duty to be performed remains unperformed
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Buy the full version of these notes or essay plans and more in our Administrative Law Notes.
A 197 page summarised bible of administrative law notes including detailed case and materials summaries, super summaries and flow charts intended for exam use. Structure of the summarised bible is as follows:
Class 1 - Accountability in an administrative state
Class 2 - Legality, Rules, Discretion & Policy
Class 3 - Statutory Interpretation and the Ombudsman
Class 4 - Subordinate Legislation
Class 5 - "Reasons for Decision"'; Freedom of Information
Class 6-8: Merits Review
Class 9: Stand...
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