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caitlin douglas
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Decks in this class (18)
(1) JURISDICTION OF COURTS - must have jurisdiction to JR the Act/Decision
Scaffold for establishing jurisdi...,
If the decision involves an exerc...,
Cth can you get judicial review f...
60
cards
(2) LIMITING OF COURT’S REVIEW JURISDICTION – legislature must not have invalidly excluded/diminished court’s review jurisdiction
What are ouster clauses privative...,
Legal effect of privative clause ...,
Cth parliament cannot confer on a...
22
cards
(3) STANDING - access to judicial review
Generally speaking what is requir...,
If a party has no private right t...,
What is the substance of a specia...
26
cards
(4.1) JR OF LAW MAKING - GROUNDS OF REVIEW - (validity of delegated legislation)
Scaffold for determining validity...,
Delegated or subordinate legislat...,
Delegated legislation is not dire...
21
cards
(4.2) JR OF LAW MAKING - PROCEDURAL GROUNDS OF REVIEW (Implication)
Implication what is the modern ap...,
How do you discuss pf in pq,
Source of pf under the adjr
54
cards
(4.2) JR OF LAW MAKING - PROCEDURAL GROUNDS OF REVIEW (Hearing Rule)
A person who may be adversely aff...,
The hearing rule is,
What is required to satisfy the h...
41
cards
(4.2) JR OF LAW MAKING - PROCEDURAL GROUNDS OF REVIEW (Bias Rule)
Freedom of bias is a cornerstone ...,
Today courts suggest that there s...,
Apprehended bias will be establis...
37
cards
(4.3) JR OF LAW MAKING - REASONING PROCESS GROUNDS OF REVIEW - (relevant considerations)
This ground of review can be invo...,
Under adjr what establishes a gro...,
A decision which results from a f...
27
cards
(4.3) JR OF LAW MAKING - REASONING PROCESS GROUNDS OF REVIEW - (Improper/Unauthorised Purpose)
Under adjr act aggrieved will hav...,
Under common law dm must act for ...,
After construing the act to deter...
8
cards
(4.3) JR OF LAW MAKING - REASONING PROCESS GROUNDS OF REVIEW - (Policies)
Under ajdr there is a ground of r...,
To what extent can policy influen...,
Effect of an inflexible applicati...
7
cards
(4.3) JR OF LAW MAKING - REASONING PROCESS GROUNDS OF REVIEW - (Representations & Estoppel)
General rule,
Whilst representations might give...,
Eg kurtovic non citizen convicted...
5
cards
(4.3) JR OF LAW MAKING - REASONING PROCESS GROUNDS OF REVIEW - (Acting under Dictation)
Adjr where a personal discretiona...,
At common law a personal discreti...,
Key principle
16
cards
(4.3) JR OF LAW MAKING - REASONING PROCESS GROUNDS OF REVIEW - (Unauthorised Delegation and Agency)
Adjr where a decision is made by ...,
Common law where a power is confe...,
Whether delegate s exercise of dm...
26
cards
(4.4) JR OF LAW MAKING - DECISIONAL GROUNDS OF REVIEW (Unreasonableness)
Adjr act judicial review is avail...,
Common law wednesbury established...,
Li relaxed wednesbury unreasonabl...
31
cards
(4.5) JR OF LAW MAKING - DECISIONAL GROUNDS OF REVIEW (Errors of Law in Fact Finding))
What is the tricky issue here,
Are errors of fact reviewable,
If statute uses words per their o...
63
cards
(5) CONSEQUENCES - Jurisdictional Error
Jurisdictional error simply means,
A finding of jurisdictional error...,
Does adjr include a concept of ju...
35
cards
(5) CONSEQUENCES - Remedies
If a constitutional error has bee...,
Certiorari,
Prohibition
13
cards
MERITS REVIEW
When does aat have jurisdiction t...,
Section 3 3 of the aat act appear...
2
cards
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LAWS2010 - ADMIN LAW FINAL
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