Admin Consolidate
This document contains the majority of the courses content including the following topics: Admin Law & the Constitution , Admin Week 2 – Constitutional, Context and Scope of judicial review, Constitutional Context of Admin Law, Constitutional Context, Role of Courts, Steps in Preparing for Judicial Review, Natural Justice – Procedural Fairness 11
JR Rights under the AD(JR) Act (Cth) 1977 12
JR Rights under JR Act (Qld) 1991 13
Natural Justice Applicable To? 13
Elements of Procedural Fairness (A Fair Hearing) 15
Procedural Unfairness - Bias 17
Actual Bias 17
Apprehended Bias 17
Possible Causes of Apprehended Bias 17
Rights to Judicial Review - Illegality - Ultra Vires 18
Prerogative Powers 18
Subordinate Legislation 18
Principle of Legality as an Interpretative Principle 19
Executive Delegation 20
Ultra Vires 21
Irrelevant Considerations at Common Law 21
Failure to Consider Relevant Matters – s 5(2)(b) 5(1)(e) ADJRA (Cth), s 23(b) JR A (Qld) 22
Improper Purpose – s 5(2)(c) AD(JR) A; s 23(C) JR A 22
Bad Faith – s 5(2)(d) AD (JR) A; s 23(d) JR Act 23
Dictation – “Acting at the behest of others” 23
Unreasonableness 24
Proportionality 26
Error of Law Prospectively Invalid 26
Fact Errors 27
The Relationship Between s 5(1)(h) ADJRA and Other Grounds of Review 27
S 5(3)(a) ADJR A 27
S 5(3)(b) AD(JR) A 27
S 5(1)(h) and S 5(3)(a)-(b) are part of same test 28
Jurisdictional Error 28
Privative Clauses
#AnthonyMason
#Law
#AdministrativeLaw
#CanadianAdministrativeLaw
#UnitedKingdomAdministrativeLaw
#ConstitutionalLaw
#OusterClause
#StatutoryLaw
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1
Found Helpful
34 Pages
Complete Study Notes
#AnthonyMason
#Law
#AdministrativeLaw
#CanadianAdministrativeLaw
#UnitedKingdomAdministrativeLaw
#ConstitutionalLaw
#OusterClause
#StatutoryLaw
#KioaVWest
#NaturalJustice
#JurisdictionalError
#CommonLaw
#AustralianAdministrativeLaw
1
Found Helpful
34 Pages
Complete Study Notes
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