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.
- 27 Mar 2017:
Waters v Commonwealth of Australia (Australian Taxation Office)  FCA 312
PRACTICE AND PROCEDURE - application for recusal on the ground of apprehended bias - application dismissed with costs - application for variation of security for costs order - whether material changes of circumstances since the security for costs order was made - application dismissed with costs - application to disqualify respondent from filing…
Judge: Griffiths J
- 24 Mar 2017:
Singh v Minister for Immigration and Border Protection  FCA 304
MIGRATION - skilled visa - where Tribunal found that appellant did not meet public interest criteria - whether jurisdictional error by Tribunal - jurisdictional error not established
Judge: Moshinsky J
- 24 Mar 2017:
Mekonen v Minister for Immigration and Border Protection  FCA 309
MIGRATION - appeal from Federal Circuit Court of Australia - application in that Court for judicial review of decision of former Migration Review Tribunal (Tribunal) - whether the Tribunal denied the appellant procedural fairness - whether the Tribunal engaged in an improper exercise of power - whether the Tribunal should have confined itself to…
Judge: Robertson J
Latest Speeches & Papers
- 25 Nov 2016:
What is a question of law following Haritos v Federal Commissioner of Taxation?
Presented by Justice Kerr at the Hot Topics Seminar: Commonwealth Compensation, Sydney.
- 11 Nov 2016:
Constitutional principles and coherence in statutory interpretation
Delivered at the La Trobe Law School Symposium on the coherence of statutory interpretation by Justice Perram.
- 1 Sep 2016:
Legal issues on Brexit
Presented at the Sir Harry Gibbs Law Dinner by Justice Edelman.
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Forms & Rules
The key forms and rules for commencing proceedings are:
- An application for judicial review under ss 39B(1) and (1A) the Judiciary Act:
- An application for judicial review under the ADJR Act:
- An appeal on a question of law from the Administrative Appeals Tribunal, Superannuation Complaints Tribunal or National Native Title Tribunal:
- An application arising under the Australian Constitution or its interpretation:
- An application for unlawful discrimination under the Australian Human Rights Commission Act 1986 (Cth)
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:
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.