Administrative & Judicial Review
WHAT IS ADMINISTRATIVE & JUDICIAL REVIEW
Administrative law regulates decision making in individual matters by government authorities and officers at local, state and federal level. Legal advice concerning administrative law can be sought at any stage where a decision affecting your legal interests is made by the government. The primary mechanisms to challenge government decisions are:
- “merits review”, by more senior officers of the decision-making government authority, or a tribunal, which considers whether the decision was the “correct or preferable decision”;
- “judicial review”, by a Court, which considers whether the decision was made according to the correct legal procedure.
Seeking legal advice early is important, because the opportunity for an individual, business or company to challenge a decision made by the government is often subject to strict time limits, and your legal rights may be affected if legal action to challenge the decision is not brought within the prescribed timeframes.
HOW CAN WE ASSIST ON ADMINISTRATIVE LAW, MERITS REVIEW & JUDICIAL REVIEW
Our recent engagements have included challenging the decision of a delegate of the Personal Property Securities Registrar in the Administrative Appeals Tribunal (AAT) and challenging the decision of a Senior Member of the AAT to refuse entitlements to subsidies in the Federal Court of Australia.
Areas of our work include:
- AAT and South Australian Civil and Administrative Tribunal (SACAT)
- Administrative Decisions Judicial Review (ADJR) matters
- Confiscation of assets, and alleged proceeds of crime
- Challenging Ministerial decisions
- Compulsory land acquisitions
- Freedom of Information (FOI)
- Local councils
- Ombudsman investigations
- Inquests
- Land development