Judicial review -Order 56 Flashcards
How is judicial review commenced?
By OM
What is JR used for?
Judicial review is when a judge reviews a decision made by
* A lower court or tribunal (AAT/ VCAT);
* A public official or body (such as a local council, a minister or a public servant).
How does JR works?
JR does not reconsider the facts of the matter or ask whether the decision made was a correct one – the focus of judicial review is the decision making process. Examples
* Breach of natural justice – did the decision maker follow the rules?
* Error of law – did the decision maker make a legal mistake?
* Failure to take into account something that is relevant – the governing Act (law) often gives the relevant factors the court or tribunal must consider when making their decision.
What is the process for JR?
An application for JR
* Shall be in originating motion form 5G
* Shall specify the name of any person having an interest to oppose the claim and the court/ tribunal/ person whose decision (or failure or refusal) is challenged – r56.01
* It shall specify
o The relief or remedy sought and the Act under which the claim is made – r5.05
o The grounds upon which the relief is sought – r56.01
o Any mistake or omission by the decision maker – r56.01
* The application must be supported by an affidavit which exhibits the judgment/ order/ conviction/ determination/ decision and any reasons given for the decision – r56.01
* Once filed, P must apply on summons for directions as soon as practicable and no later than 7 days – r56.04
* The court can conduct a directions hearing at any time. – r56.03
What are the timeframes for a judicial review application?
An application for JR shall be commenced within 50 days of the relevant decision (r56.02) and service shall be as soon as practicable – r56.03
