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Lecture

Not Covered - Ground - OTHER - Otherwise Contrary & Error On Record

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Department
Law
Course
JSB171
Professor
All Professors
Semester
Spring

Description
GROUND OF JR – Otherwise Contrary To Law State Grounds for Judicial Review: Here it is necessary to examine the following grounds: • [list grounds] • Considering each… (In particular consider – Irrelevant & Relevant Considerations) 1. HAS [DECISION-MAKER] ACT OTHERWISE CONTRARY TO LAW? Ground contained in [5(1)(j), 6(1)(j) AD(JR) Act (Cth) OR 20(2)(i), 21(2)(i) JR Act (Qld)]. Intention to catch other common law grounds as they emerge: ABT v Bond GROUND OF JR – Error of law on the face of the record State Grounds for Judicial Review: Here it is necessary to examine the following grounds: • [list grounds] • Considering each… (In particular consider – Irrelevant & Relevant Considerations) Common Law Ground: The writ originally came from a commandment that an inferior court be brought before a superior court, in order to have their decision corrected. Case brought in accordance with a writ of certiorari – cannot be brought under s75(v) so must get into the HCA’s original jurisdiction through s75(iii) or s76. Element 1: ‘There must be an error of law’ The most common error of law is where an administrative tribunal misunderstands a principle of law or statute. • Non-legal words & their meaning = Q of Fact: Collector of Customs v Agfa-Gevaert Ltd • No evidence to support a ruling – where the question of evidence is also a question of law: ABT v Bond • An error of law must be material, in that it affected the rights of a party: Bachrach Pty Ltd v Caboolture Shire Council • Not for revisiting factual error! Here, __________. Element 2: ‘On the face of the record’ ‘The reco
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