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
- 14 Oct 2024:
Gaynor v Minister for Communications [2024] FCA 1186
ADMINISTRATIVE LAW - application for judicial review of a decision of the Classifications Review Board -where publication entitled Gender Queer given an unrestricted classification - whether the Board ignored, overlooked or misunderstood relevant material - where applicant alleged that the publication depicts and promotes paedophilia - where the…
Judge: Jackman J - 14 Oct 2024:
McGinn v Australian Information Commissioner [2024] FCA 1185
PRACTICE AND PROCEDURE - application for order suppressing applicant's identity - where applicant seeks to be identified by a pseudonym PRACTICE AND PROCEDURE - application for unilateral maximum costs order in respect of party and party costs recoverable against applicant PRACTICE AND PROCEDURE - application for change of respondent's name
Judge: Yates J - 11 Oct 2024:
PHTP v Minister for Immigration and Multicultural Affairs [2024] FCA 1170
MIGRATION - application for judicial review of a decision of the Administrative Appeals Tribunal concerning a visa cancellation decision - Minister conceded jurisdictional error - proposed consent orders - jurisdictional error established to the satisfaction of the Court - relief granted
Judge: Goodman J
Latest Speeches & Papers
- 1 Jul 2024:
What in practical terms is likely to change in how federal merits review is conducted?
Paper delivered at the Law Council's ART Transition seminar series, Melbourne by Justice Kyrou.
- 6 Jun 2024:
The art of merits review – Significant changes to membership provisions
Paper delivered at the 2024 COAT Annual Conference, Brisbane by Justice Kyrou.
- 16 Apr 2024:
Key features of the new administrative review tribunal
Paper delivered at a COAT (SA) seminar, Adelaide
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:
