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
- 26 Jul 2024:
Zirk-Sadowski v University of New South Wales (No 4) [2024] FCA 813
COSTS - application for costs under s 570 of the Fair Work Act 2009 (Cth) - where respondent alleged that the proceeding was instituted without reasonable cause, and the applicant had unreasonably continued proceedings - where applicant was self-represented - where respondent sought costs on an indemnity basis- costs awarded on a party and party…
Judge: Anderson J - 25 Jul 2024:
Snell v State of Victoria (Department of Education and Training) (No 3) [2024] FCA 825
HUMAN RIGHTS - application by litigation representative for approval of settlement - where claims concern allegations of disability discrimination in education under the Disability Discrimination Act 1992 (Cth) and associated claims under the Wrongs Act 1958 (Vic) - whether application is accompanied by an opinion of an independent lawyer -…
Judge: Horan J - 25 Jul 2024:
Ghimire v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 816
MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) affirming a delegate of the Minister's decision not to revoke the applicant's mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) (Act) - grounds of review - whether the Tribunal misapplied or misunderstood Direction…
Judge: Halley J
Latest Speeches & Papers
- 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 - 22 Mar 2024:
The ART of merits review – key differences from the AAT
Paper delivered at a dinner organised by the Australian Italian Lawyers Association and the Hellenic Australian Lawyers Association
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:
