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 2017:
CGD16 v Minister for Immigration and Border Protection  FCA 1236
MIGRATION - appeal from the Federal Circuit Court - decision to refuse a protection (class XA) visa - where Chinese appellants allege fear of persecution or harm if they return to China - where the Administrative Appeals Tribunal found that the claims had been fabricated - no appealable error made out - appeal dismissed.
Judge: Dowsett Acj
- 19 Oct 2017:
Frugtniet v Secretary, Department of Social Services  FCA 1227
SOCIAL SECURITY - Application for extension of time to appeal - whether reasonable to extend time in circumstances - no error shown in decision of the Administrative Appeals Tribunal
Judge: Pagone J
- 18 Oct 2017:
Giza v Secretary, Department of Social Services  FCA 1234
PRACTICE AND PROCEDURE - Application for leave to appeal from procedural orders - Application for adjournment of application for leave to appeal - insufficient merits of application for leave to appeal - procedural orders from which appeal is sought already complied with
Judge: Pagone J
Latest Speeches & Papers
- 27 Apr 2017:
Judicial review of the exercise of discretionary public power
An address given on 27 April 2017 to the Queensland Chapter of the Australian Institute of Administrative Law by Justice Greenwood
- 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.
Interpreters & Translators
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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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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: