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
- 13 Dec 2019:
PKBV v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2047
MIGRATION - application for extension of time - extension granted - Administrative Appeals Tribunal - judicial review - jurisdictional error - decision quashed
Judge: Jagot J - 13 Dec 2019:
Manikantan v Secretary, Department of Jobs and Small Business [2019] FCA 2103
SOCIAL SECURITY- appeal from decision of Administrative Appeals Tribunal (Tribunal) affirming decision to cancel Newstart allowance - whether failure to raise a provision of the Social Security (Administration) Act 1999 (Cth) amounted to a denial of procedural fairness - whether the Tribunal erroneously identified or applied a statutory test -…
Judge: Abraham J - 13 Dec 2019:
BFA17 v Minister for Immigration and Border Protection [2019] FCA 2102
MIGRATION - appeal from orders of the Federal Circuit Court dismissing application for judicial review of a decision of the Immigration Assessment Authority refusing the grant of a SHEV to the appellant - whether the Authority misconstrued the appellant's claims amounting to jurisdictional error - where finding of inconsistent evidence - whether…
Judge: Abraham J
Latest Speeches & Papers
- 4 Sep 2019:
Of shields and swords - let the jousting begin!
Presented at Freedom19 Conference, Sydney, by Justice Sarah Derrington. - 15 Feb 2019:
The federal and state courts on constitutional law: The 2018 term
Presented to the Gilbert + Tobin Centre of Public Law, 2019 Constitutional Law Conference, by Justice Moshinsky. - 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.
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:
