JSB171 Lecture Notes - Lecture 4: Assisted Reproductive Technology, Australian Law Reform Commission, Macquarie Group
Document Summary
State: because the case here concerns public rights the proper plaintiff would be the ag. Ag won"t proceed with action/other reason] it may still be possible for [applicant] to pursue a relator action. Under the common law and as a general rule [applicant] as a private individual will not have locus standi unless either of the exceptions in boyce apply: If a private right is interfered with at the same time; or. If [applicant] has suffered special damage particular to themselves over and above the ordinary members of the public. Under [s5 ad(jr) act (cth) or s20 jr act (qld)] a person will have standing if they are a person aggrieved , or whose interests are adversely affected by the decision: [s3(4) ad(jr) act (cth) / s5 jr act (qld)]. The operation of these statutory requirements has now been incorporated into the common law: aimpe v dept.
