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
- 29 Sep 2017:
AFG15 v Minister for Immigration and Border Protection [2017] FCA 1155
MIGRATION - appeal from Federal Circuit Court - whether failure to provide adequate reasons - whether denial of procedural fairness
Judge: Perram J - 29 Sep 2017:
BWM15 v Minister for Immigration and Border Protection [2017] FCA 1157
MIGRATION - appeal from Federal Circuit Court - whether failure to provide adequate reasons - whether denial of procedural fairness
Judge: Perram J - 28 Sep 2017:
Hodgson v Minister for Immigration and Border Protection [2017] FCA 1141
MIGRATION - application for judicial review of a decision of the Assistant Minister for Immigration and Border Protection to refuse to revoke a decision to cancel the applicant's Class BF transitional (permanent) visa under s 501CA(4) of the Migration Act 1958 (Cth) - where the visa had previously been cancelled by a delegate of the Minister…
Judge: Tracey J
Latest Speeches & Papers
- 27 Apr 2017:
Judicial review of the exercise of discretionary public power
An address given on 27 April 2017 to the Queensland Chapter of the Australian Institute of Administrative Law by Justice Greenwood - 25 Nov 2016:
What is a question of law following Haritos v Federal Commissioner of Taxation?
Presented by Justice Kerr at the Hot Topics Seminar: Commonwealth Compensation, Sydney. - 11 Nov 2016:
Constitutional principles and coherence in statutory interpretation
Delivered at the La Trobe Law School Symposium on the coherence of statutory interpretation by Justice Perram.
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: