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
- 28 Jun 2024:
EMJ18 v Secretary, Department of Home Affairs (No 2) [2024] FCAFC 88
PRACTICE AND PROCEDURE - where unsuccessful applicant ordered to pay the respondent's costs of the application - where Court notified after delivery of reasons of post-hearing concession made by respondent as to costs - previous costs order set aside and replaced with order that there be no order as to costs
Judge: Perry, Sarah C Derrington and Horan JJ - 28 Jun 2024:
Hoang v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 695
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of Administrative Appeals Tribunal - refusal to grant student visa that was applied for within Australia - whether exceptional reasons for grant of the visa under cl 527.227 of Migration Regulations 1994 (Cth) - meaning of "exceptional…
Judge: Horan J - 28 Jun 2024:
EMJ18 v Secretary, Department of Home Affairs [2024] FCAFC 87
ADMINISTRATIVE LAW - freedom of information - appeal from Administrative Appeals Tribunal - where Australian Information Commissioner decided not to review decision of Department but referred review directly to Tribunal by s 57A(1)(b) of the Freedom of Information Act 1982 (Cth) (FOI Act) - whether Tribunal correct to hold it did not have power…
Judge: Perry, Sarah C Derrington, Horan JJ
Latest Speeches & Papers
- 16 Apr 2024:
Key features of the new administrative review tribunal
Paper delivered at a COAT (SA) seminar, Adelaide - 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.
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:
