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
- 26 Apr 2024:
Azimitabar v Commonwealth of Australia [2024] FCAFC 52
MIGRATION - appeal from a decision of a single judge of the Federal Court of Australia dismissing an application for damages arising from the alleged unlawful detention of the appellant at the Mantra Bell City Hotel and the Park Hotel (the Hotels) - whether subpara (b)(v) of the definition of "immigration detention" in s 5(1) of the Migration Act…
Judge: Rangiah, Anderson and Button JJ - 24 Apr 2024:
Munkara v Santos NA Barossa Pty Ltd (No 4) [2024] FCA 414
PRACTICE AND PROCEDURE - respondent in action wholly successful in defending applicants' claims - respondent party requesting and serving subpoenas following judgment on the primary claims - subpoenas requested for the purpose of assisting the respondent to decide whether to make an application for costs against non-parties including four…
Judge: Charlesworth J - 23 Apr 2024:
Adefarakan v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 409
MIGRATION - application for judicial review of a non-revocation decision of the Administrative Appeal Tribunal (AAT) - where the AAT failed to consider materials relevant to its inquiry, namely the applicant's rehabilitation progress relevant to his risk of harassing, molesting, stalking or intimidating a member of the Australian community - where …
Judge: Bromwich J
Latest Speeches & Papers
- 22 Mar 2024:
The ART of merits review – key differences from the AAT
Paper delivered at a dinner organised by the Australian Italian Lawyers Association and the Hellenic Australian Lawyers Association - 18 Mar 2024:
Mechanisms in the ART Bill to thwart Robodebt-type maladministration
Paper delivered at the Australian Academy of Law conference, Melbourne. - 15 Mar 2024:
The ART of merits review: Structural and operational flexibility
Paper delivered at the Whitlam Institute seminar, Melbourne.
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:
