GROUND OF JR – IMPROPER EXERCISE – Abuse of Power & Fraud
State Grounds for Judicial Review:
Here it is necessary to examine the following grounds:
• [list grounds]
Considering each… (In particular consider – Irrelevant & Relevant Considerations)
IMPROPER EXERCISE OF POWER (Copied in other sections – only mention once)
[5(e) and 6(e) AD(JR) Act (Cth) OR 20(e) and 21(e) JR Act (Qld)] provide an umbrella term for a number of self-
contained grounds in [5(2) & 6(2) AD(JR) Act (Cth) OR 23 JR Act (Qld) in which an exercise of power can be reviewed
on the grounds of improper exercise of power.
HAS [DECISION-MAKER] ABUSED POWER?
May be ground for JR under [5(2)(j) and 6(2)(j) AD(JR) Act (Cth) OR 23(j) JR Act (Qld)] , for abuse of power. The CL
has no equivalent grounds and little case law on the area.
Ground will be made out where decision is‘unfair, arbitrary and capricious’, withunjustified discrimination against a
body or party; and will be construed narrowly: Sunshine Coast Broadcasters v Duncan. Here, similarly to in
Sunshine Coast Broadcasters v Duncan, [applicant] has been, ________.
EXAMPLE Sunshine Coast Broadcasters v Duncan
Decision to include in a radio broadcaster’s licence a definition of boundaries excluding a particular