Administrative and Constitutional Law & Human Rights
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.
Latest Judgments
- 8 Oct 2024:
Boyjonauth v Minister for Immigration and Multicultural Affairs [2024] FCAFC 130
MIGRATION - appeal from Federal Circuit and Family Court of Australia - where Administrative Appeals Tribunal formed view that it had no jurisdiction to review refusal of medical treatment visa - here application for review under Part 5 of the Migration Act 1958 (Cth) not accompanied by the prescribed fee - whether the primary judge erred in…
Judge: Thawley, Rofe and Kennett JJ - 4 Oct 2024:
Gehlert v Minister for Immigration and Multicultural Affairs [2024] FCAFC 129
COSTS - settlement of judicial review prior to trial - claim for recovery of filing fee and professional costs - appropriate amount of costs to be awarded - discretion to award costs - applicable principles - Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), rr 22.02, 22.08, 22.09, 29.13, Sch 2
Judge: Mortimer CJ, Colvin and Dowling JJ - 4 Oct 2024:
X Corp v eSafety Commissioner [2024] FCA 1159
PRIVATE INTERNATIONAL LAW -- Online Safety Act 2021 (Cth) ss 56(2), 57 - where the eSafety Commissioner issued a notice to Twitter Inc under s 56(2) of the Online Safety Act on 22 February 2023 (the reporting notice), requiring a response by 29 March 2023 - where Twitter Inc merged into X Corp on 15 March 2023, and thereupon ceased to exist -…
Judge: Wheelahan J
Latest Speeches & Papers
- 1 Jul 2024:
What in practical terms is likely to change in how federal merits review is conducted?
Paper delivered at the Law Council's ART Transition seminar series, Melbourne by Justice Kyrou.
- 6 Jun 2024:
The art of merits review – Significant changes to membership provisions
Paper delivered at the 2024 COAT Annual Conference, Brisbane by Justice Kyrou.
- 16 Apr 2024:
Key features of the new administrative review tribunal
Paper delivered at a COAT (SA) seminar, Adelaide
Related links
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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Practice Notes
Forms & Rules
The key forms and rules for commencing proceedings are:
Administrative Law:
- An application for judicial review under ss 39B(1) and (1A) the Judiciary Act:
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- An application for judicial review under the ADJR Act:
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- An appeal on a question of law from the Administrative Appeals Tribunal, Superannuation Complaints Tribunal or National Native Title Tribunal:
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Constitutional Law:
- An application arising under the Australian Constitution or its interpretation:
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Human Rights:
- An application for unlawful discrimination under the Australian Human Rights Commission Act 1986 (Cth)
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Legislation
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 Rights
More LegislationSelf-Represented Litigants
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:
