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
- 27 Sep 2023:
VZWF v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1160
MIGRATION - application for extension of time to review decision of Administrative Appeals Tribunal - where Tribunal affirmed decision to not revoke the applicant's visa pursuant to s 501CA of the Migration Act 1958 (Cth) - where minute of consent orders sent to chambers - where first respondent accepts proper basis for extension of time and…
Judge: Colvin J - 27 Sep 2023:
Moananu v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1146
MIGRATION - application for extension of time to seek judicial review of decision of the Administrative Appeals Tribunal - whether Tribunal ought to have exercised its discretion to revoke the mandatory visa cancellation - extent of discretionary power - whether Tribunal failed to take into account relevant considerations - extension of time…
Judge: Meagher J - 27 Sep 2023:
BAE23 v Minister for Home Affairs [2023] FCA 1152
MIGRATION - application for extension of time for judicial review of decision of Minister for Home Affairs -applicant convicted of serious child sex offences - over six years delay in seeking judicial review of Minister's decision - interests of the administration of justice - factors for consideration in extension of time - risk to Australian…
Judge: Jackson J
Latest Speeches & Papers
- 8 Mar 2023:
Judicial accountability – new developments and threats
Paper delivered at the Commonwealth Lawyers’ Conference by Justice Logan. - 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
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:
