HD - Full subject notes - comprehensive and clear

Description

Admin law has a reputation for being very difficult, however I understood it, enjoyed it, and got a very good mark - HD. All I used was these notes. Everything you need is here! Cases clearly & correctly summarised and concepts explained. These are my long notes - please see simplified scaffolds I used in the exam sold seperately FULL TOPIC LIST: Introduction 4 Overview of Judicial Review 4 Grounds of review 5 Law/Merits distinction 6 Merits Review Tribunals 7 Jurisdiction 8 Who may apply for review 8 Administrator’s reasons for decision 9 Hearings before the Tribunal 9 Powers of the AAT 10 Judicial Review: Jurisdiction of the Courts 12 Public/Private Distinction 14 Federal courts – Constitutional jurisdiction 15 High Courts Jurisdiction 15 Judiciary Act 1903 (Cth) 17 Federal courts – the Administrative Decisions (Judicial Review) Act 1977 (Cth) 18 ADJR Act: “Administrative Character” 22 “Of an administrative character” 23 Under an “enactment” 24 Standing 27 Liberalisation of standing and its limits 28 Liberalisation and its Limits 29 Statutory Reform 30 Judicial Review of Rule Making 31 Interpreting Acts and Regulations 32 The principle of legality and fundamental values 34 Means/End Distinction 34 Procedural Fairness 36 Implication 36 Advisory Reports and recommendations 39 Urgency 40 The Hearing Rule 40 Disclosure of adverse information and critical issues 41 Confidential Information and National Security 43 Disclosure of Adverse Conclusions 44 Fair Hearings 45 Witnesses and Cross Examination 46 Responding to Arguments 47 Fraudulent actions of third party 47 Bias Rule 48 General Principles 48 Prejudgment 50 Extraneous information 51 Multi-member committees 51 Necessity & Statutory exclusion 52 Waiver 53 Considerations grounds 54 The Considerations Grounds 54 Failing to have regard to relevant considerations 54 Having regard to irrelevant considerations 56 Active Intellectual Engagement 57 Improper or Unauthorised Purpose 58 Policies 60 ADJR Act 60 The Function of Policy 61 Representations and Estoppel 62 Acting under dictation 63 ADJR Act 63 Statutory directions 65 Unauthorised Delegations 66 ADJR 66 Unreasonableness and Uncertainty 68 General Principles 68 Inconsistency of treatment 70 Oppressive treatment 70 Statistical Problems 71 Failure to make inquiries 71 Uncertainty 72 Errors of Law and Fact 72 Interpreting legislation 73 The Fact/Law Distinction: errors in interpreting and applying the statute 74 No Evidence 75 Objective jurisdictional facts 76 Traditional theory 77 Subjective Jurisdictional Facts 78 Illogical and irrational fact-finding 80 Jurisdictional Error and Invalidity 81 Summary: What is necessary to establish a jurisdictional error? 82 Meaning of Jurisdictional error 82 Materiality 83 Distinguishing jurisdictional and non-jurisdictional errors 83 Procedural Fairness 83 Breach of considerations grounds 84 Unreasonableness 84 No Evidence 85 Breach of statutory requirements 85 The Legal Status of ‘invalid’ and ‘unlawful’ decisions 86 ADJR Act 86 Judicial Review Remedies 89 Prerogative Writs 89 ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 - SECT 16 90 Certiorari 90 Certiorari: error of law on the face of the record 91 Supreme Court Act (NSW) s 69(4) 92 Prohibition 93 Mandamus 93 Injunctions 93 Declarations 93 Constitutional writs 94 Constitution, s 75: 94 ADJR Remedies 94 ADJR Discretion of court 95 Severance 95 Case Study - Breach of Statutory Duty to give Reasons 96 Summary 96 Judicial Review Diagram 96 Jurisdictional Error 97 Error of law 97 ADJR Act – breach of statutory procedure 98 Appeal on a question of law 99 Statutory Attempts to Exclude and Restrict Judicial Review 99 Attempts to Exclude Judicial Review 100 Commonwealth privative clauses 100 State privative clause 101 No invalidity clauses 101 Impairment of entrenched minimum provision for judicial review 102