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
- 2 Dec 2022:
Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193
ADMINISTRATIVE LAW - appeal from decision of single judge of the Federal Court setting aside decision of second respondent (NOPSEMA) to accept an environmental plan under the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 Cth) - where NOPSEMA to be reasonably satisfied that the plan meets specified criteria, including …
Judge: Kenny, Mortimer and Lee JJ - 1 Dec 2022:
CQW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1436
PRACTICE AND PROCEDURE - application for extension of time to appeal from a judgment dismissing application for judicial review - whether Immigration Assessment Authority acted unreasonably in not inviting applicant to give further information to explain certain inconsistencies in his accounts - where there was a delay of over 3 years and an…
Judge: Katzmann J - 1 Dec 2022:
Li v Determining Authority [2022] FCA 1448
ADMINISTRATIVE LAW - application to review a decision made by the Determining Authority to make directions that the applicant repay benefits for Medicare Benefit Schedule items for which he was found to have engaged in inappropriate practice and be disqualified for 18 months under s 106U of the Health Insurance Act 1973 (Cth) - whether the…
Judge: Raper J
Latest Speeches & Papers
- 28 Oct 2022:
"March in the guilty bastard"? - Administrative action and military discipline
Paper delivered to the Advanced Military Administrative Law Course, University of Adelaide. - 8 Oct 2022:
Australian Courts and the Extraterritorial Operation of Laws – Consumer and Competition Laws
A paper presented to the Australian Judicial Officers Association 2022 Colloquium - 20 Jul 2022:
There runs the quick perspective of the future: Where to from here?
Robert French AC Oration delivered on 20 July 2022: There runs the quick perspective of the future: Where to from here?
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:
