Judicial- Review HELPFUL FLOWCHART PDF

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This is a helpful flowchart for students of administrative law, which takes you on a step by step approach to answering examination questions regarding judicial review. ...

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JUDICIAL REVIEW HELPFUL FLOWCHART ADJR Act (FCC/ FCA) 1. What is the decision? 2. Who is the decision maker? 3. What is the source of power? 4. Standing- special interest a. Person aggrieved 5 (1) and 6 (1) b. Defined in section 3(4), (a) (i) this isn’t to be interpreted strictly (Toohey) 5. Is the decision to which the act applies reviewable? (Justiciability: reviewable) a. A decision (Bond) i. Final, operative and determinative? ii. Substantive? b. Admin character (ANU v Burns) i. No legislative? ii. Not judicial? c. Made under an enactment (NEAT v AWB; Griffith v Tang) i. Derives from an enactment? (section 3 of the ADJR Act) ii. Affects the legal rights and obligations? d. Excluded? (GG or Schedule 1) 6. Grounds 7. Remedy Constitution 39 B (1)/ s 75 (v) 1. What is the decision? 2. Who is the decision maker? 3. What is the source of power? 4. Standing- special interest (ACF v Commonwealth/ Right to Life) 5. Is the decision to which the act applies reviewable? (Justiciability) 6. Matter? (immediate right, duty or liability to be established by determination of courts) 7. Officer of the Commonwealth? (excludes statutory corporations) 8. Grounds 9. Is there a JE: Kirk/ Craig/ Aala (final list from study guide) + PBS analysis?...