Tutorial Questions week 1 PDF

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Tutorial Questions (week 1): The Framework for Judicial Review Case study: Green v Daniels (1977) 13 ALR 1 1. The parties?

Miss Green 16 year old girl out of school. 2. What was the source of the plaintiff’s right to commence this proceeding in the High Court?

Director General was acting outside their powers by imposing the additional criteria, that wasn’t in the act and thus falling under judicial review which is commenced in the High Court. This is found in the Administrative Decisions Act 1977 (Cth) s 11 ‘The procedure by which a person may apply to the courts for an order of review’. 3. Why was the proceeding commenced in the High Court?

Administrative Decisions (Judicial Review) Act 1977 (Cth) The ADJR Act is the principal template for federal judicial review under which most actions(other than immigration litigation) are commenced in the Federal Court and Federal Magistrates Court. 4. Nowadays, could the same proceeding be commenced in any other forum?

Federal Circuit Court: -

Deals mainly with less complex matters; and does so quickly, less formally and inexpensively, with active reliance on alternative modes of dispute resolution such as mediation, conciliation and arbitration.

Problem Question 1 The Medicinal Goods and Services Authority (the Authority) is established by the Medicinal Goods and Services Authority Act 1992 (Cth) (the Act (a fictional Act)). The Act provides that the Authority shall consist of not less than three Commissioners, that those Commissioners will each be appointed for 4-year terms, and that they may be dismissed by the Minister at any earlier time for misbehaviour. The Act then provides that the Minister may, from time to time, determine the Commissioners’ conditions of appointment. Soon after the election of a new Commonwealth Government, the incoming Minister determines that, from a specified date, Commissioners may only take leave approved by him. Acting on media speculation as to her potential misbehaviour, he also contracts a firm of solicitors, R & Co, to perform an investigation into the conduct of Ms A, a Commissioner. Ms A becomes aware of the Minister’s retention of R & Co. She is distressed by the development. She applies to the Minister for a leave of absence. He refuses. Ms A approaches you. Advise her on whether she may commence judicial review proceedings challenging either the Minister’s refusal to allow her leave, or his decision to investigate her, or both.

Eldelston v HIV Annetts v McCann...