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Week 9 - Ground - Improper Exercise - Uncertainty

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GROUND OF JR – IMPROPER EXERCISE – Uncertainty 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. 1. IS POWER UNCERTAIN? May be ground for JR under [5(2)(h) and 6(2)(h) AD(JR) Act (Cth) OR 23(h) JR Act (Qld)] , for uncertainty. There are doubts over the CL existence of this ground. TEST: Where the power is so uncertain that it is unable to be complied with: King Gee Clothing v Cth; TV Corp. Here [applicant] would be arguing that [the qualifications and conditions imposed by regulation make it unclear what the ____ should be. A similar situation arose in [case] where the applicants were unable to comply with the regulations because they were [impossible to determine: King Gee; impossible to comply with: TV Corp per Kitto J). By analogy, here _________________. IF subjective pricing: King Gee Dixon J: To avoid uncertainty, would require a price fixing order to specify an exact sum of money to be charged, or to create object
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