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.
- 19 Oct 2018:
EEM17 v Minister for Immigration and Border Protection  FCAFC 180
MIGRATION - appeal from Federal Circuit Court of Australia - refusal of application for protection visa - fast track review process under Pt 7AA of the Migration Act 1958 (Cth) - where the Secretary of the Department provided to the Immigration Assessment Authority documents that had not been before the Minister when the Minister made the decision …
Judge: Barker, Griffiths and Moshinsky JJ
- 19 Oct 2018:
AKT16 v Minister for Home Affairs  FCA 1565
MIGRATION - appeal from a decision of a Federal Circuit Court judge raising two grounds of appeal - where leave sought by appellant to raise two further grounds of appeal - where grounds of appeal allege that the Federal Circuit Court failed to find that the Tribunal erred - whether Tribunal erred by determining without a logical and probative…
Judge: O'Callaghan J
- 19 Oct 2018:
Hunt v Minister for Immigration and Border Protection (No 2)  FCA 1581
MIGRATION - application for extension of time to apply for judicial review of Minister's decision to exercise discretion and cancel applicant's visa - visa cancelled on character grounds pursuant to s 501(2) of the Migration Act 1958 (Cth) - whether Minister fell into jurisdictional error - whether applicant's criminal record was obtained…
Judge: Barker J
Latest Speeches & Papers
- 1 Dec 2017:
Do judges make law?
Presented at the University of Notre Dame Australia Law Review, by Justice Barker
- 29 Nov 2017:
Rationality and reason in administrative law - Would a roll of the dice be just as good?
Presented at the Australian Academy of Law WA Chapter lecture, Perth, by The Hon R French AC.
- 27 Nov 2017:
Judicial review of public and private employment contracts
Presented at the Third National Underlying Law Conference, Papua New Guinea, by Justice Collier
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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We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
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)
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 RightsMore Legislation
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: