JSB171 Lecture Notes - Lecture 1: Melbourne And Metropolitan Tramways Board, Larceny, Harrow School

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Je is enacted in [5(1)(c) ad(jr) act (cth) or 20(2)(c) jr act (qld)], and this ground of review repeats the cl basis of review for jurisdictional error. It is an important cl ground of judicial review: originally for judicial review of inferior courts; extended to quasi-judicial bodies, developed in connection with cl prerogative writs. 1995 (qld), but now derived from part 5 of the judicial review act 1991 (qld), specifically judiciary act 1903 (cth) s43(1) Privative clause = clause which seeks to deprive the court of its inherent jurisdiction to review the lawfulness of administrative/executive decisions. e. g. no decision shall be challenged in the court of law by any means whatsoever . Here, no privative clause and therefore the decision will be reviewable under the je under adjr/jr act. In the present case there is a privative clause ousting the ability of the decision to be reviewed judicially.

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