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 Review Tribunal (ART), 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
- 27 Aug 2026:
El Samad v Minister for Immigration and Multicultural Affairs [2026] FCA 1245
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) alleging legal unreasonableness – assessment of medical evidence – no error established – appeal dismissed
Judge: SHARIFF J - 27 Aug 2026:
Wang v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1230
MIGRATION – appeal from a decision of a judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal dismissing an application for review of a decision of the Minister refusing to grant a visa to the appellant – whether the primary judge…
Judge: GOODMAN J - 19 Aug 2026:
De Been v President of the Australian Human Rights Commission [2026] FCA 1252
PRACTICE AND PROCEDURE — application to limit the maximum costs that may be recovered in the proceeding to $0 or such other sum as the Court considers just as between party and party pursuant to r 40.51 of the Federal Court Rules 2011 (Cth) — where there is no public interest element to the proceeding — where merits of the substantive application…
Judge: O'SULLIVAN J
Latest Speeches & Papers
- 14 Oct 2025:
The ART’s achievements in its first 12 months
Speech by Justice Kyrou at the ART’s first anniversary celebration on 14 October 2025 in Sydney
- 28 Aug 2025:
The inside story of the enactment of the Public Notaries Act 2001
Speech by Justice Kyrou, President of Administrative Review Tribunal, at the Annual Dinner of the Society of Notaries of Victoria
- 6 Aug 2025:
Literature, lawyers and liberty
Remarks to the Chartered Institute of Arbitrators Australia Masterclass, Sydney
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 Review 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 Review Tribunal Act 2024 (Cth)
Human Rights
Self-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:
