Administrative Law H1 Notes - ready to use in exam

Description

The template has been carefully curated to a logical structure to help with hypothetical exam. It also uses 2025 exam legislation as an example to show how to apply rules/case law to exam. PART I. HYPO STRUCTURE AND TEMPLATE I. Introduction II. What is the jurisdiction? A. High Court B. Federal Court of Australia (FCA) C. Federal Circuit and Family Court of Australia (FCFCA) D. Victorian Supreme Court III. What are the remedies sought? Does Y have standing? A. Common Law remedies B. Equity remedies C. ADJR remedies D. Victorian level IV. Does Y have grounds? A. Error as to jurisdictional fact 1 Does the relevant statue prescribe a pre-condition upon the satisfaction of which enlivens the discretionary power of X? 2 Was there an error to the satisfaction of the jurisdictional fact? B. Procedural fairness 1 Does a requirement of procedural fairness apply to the decision or action in question? 2 What is the content of the duty? Did X breach the duty? 11 C. Invalid delegation/agency 1 Is there an express delegation of power by statue? 2 Is the delegation permitted by the statue impliedly? D. Relevant/irrelevant consideration 1 What are the mandatory considerations to be taken into account?/Was the consideration irrelevant to the exercise of power? 2 Did X take the relevant/irrelevant consideration into account? E. Acting without legal authority 1 What is the scope of X’s legal power? 2 Whether the decision was made within the scope? F. Inflexible application of policy 1 Is the policy lawful? 2 Did Y apply the policy inflexibly? G. Unreasonableness 1 The standard of reasonableness attached to the statutory power? H. Delegated legislation – improper purpose 1 What is the meaning of the words used in the enabling Act permitting delegated legislation? 2 What is the meaning of the delegated legislation? 3 Does the delegated legislation fall within the power of the enabling Act? V. What is the consequence of breach? A. Breach of an express or implied condition? Was the breach material? VI. Would the privative clause limit the remedies available? A. ‘Finality’ clause B. ‘Limitation’ device C. ‘No invalidity’ clause VII. Conclusion PART II. ESSAY TOPIC AND RESOURCES I. The role of the Charter of Human Rights and Responsibilities II. The distinction between merits & judicial review III. ADJR Act vs Common Law IV. Migrants and Aboriginals PART III. SUMMARY TABLE OF EXAM LEGISLATION