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
- 15 Oct 2021:
DCI19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1261
MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal - where Tribunal affirmed decision to refuse appellant's visa application - where no appearance by appellant - application by Minister to dismiss appeal for failure to attend - where numerous…
Judge: Colvin J - 15 Oct 2021:
Freedom Pharmaceutical Pty Ltd v Minister for Health (No 2) [2021] FCA 1250
COSTS - appropriate orders as to costs - where applicant unsuccessful in applying for judicial review of Minister's decision under s 90A(2) of the National Health Act 1953 (Cth) to approve the supply of pharmaceutical benefits at a premises operated by second respondent - where second respondent filed a submitting notice - where Minister opposed…
Judge: Burley J - 15 Oct 2021:
EQV20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1252
MIGRATION - judicial review of Administrative Appeals Tribunal decision under s 501CA(4) of the Migration Act 1958 (Cth) to not revoke delegate's visa cancellation decision under s 501(3A) - where Tribunal incorrectly recorded date of two common assault convictions - error typographical in nature - application dismissed
Judge: Burley J
Latest Speeches & Papers
- 24 Aug 2021:
Reviewing judicial power for jurisdictional error: Some recent migration cases
Address to the WA Chapter of the Australian Institute of Administrative Law by Justice Colvin. - 4 Sep 2019:
Of shields and swords - let the jousting begin!
Presented at Freedom19 Conference, Sydney, by Justice Sarah Derrington. - 15 Feb 2019:
The federal and state courts on constitutional law: The 2018 term
Presented to the Gilbert + Tobin Centre of Public Law, 2019 Constitutional Law Conference, by Justice Moshinsky.
Related links
Interpreters & Translators
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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:
