Administrative Law
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ADMINISTRATIVE LAW - REMEDIES
INTRODUCTION
Legality v Merits Review If have a choice between the two, choose merits first 1. Quicker 2. Cheaper 3. More comprehensive reviewable criteria The ADJR Act Historical Background Development from Prerogative Writs Grounds of review developed in the context of common law remedies; Certiorari, Prohibition, Mandamus. These common law remedies (prerogative writs) were plagued by technical difficulties, which made it difficult for people to seek review of the exercise of government power AD(JR) Act 1977 (Cth) Three Major Changes 1. Simplifies procedures for seeking judicial review 2. Codified the common law grounds of review 3. Right to reasons (s13) Three General Points 1. Legality, not merits, review 2. Concerned with Commonwealth government powers 3. Reviewed by the Federal Court (Federal Magistrates Court also given power) Relationship with Tra...
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