1.4.6 JR Grounds--Error of Law & Fraudulent Exercise

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Course
JSB171
Professor
All Professors
Semester
Spring

Description
JR Grounds—Error of Law Decision: s5(1)(f) ADJR | s20(2)(f) JR Conduct: s6(1)(f) ADJR | s21(2)(f) JR A person who is aggrieved by a decision to which this Act applies that is made after the commencement of this Act may apply to the Federal Court or the Federal Magistrates Court for an order of review in respect of the decision on any one or more of the following grounds: (f) that the decision involved an error of law, whether or not the error appears on the record of the decision • 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 1. Error of law • Most commonly—administrative tribunal misunderstands a principle of law or statute • eg—no evidence to support the decision: ABT v Bond (1990) [→no evidence ground] • must be material (= affects the rights of a party): Bachrach Pty Ltd v Caboolture Shire Council [1995] • Not an error of fact (eg meaning of non-legal words): Collector of Customs v Agfa-Gevaert Ltd (1996) 2. On the face of the record (element removed by statute) Common Law Record = formal order & decision (pleadings and formal documents used in proceedings) • not transcript, reasons, exhibits unless expressly incorporated in the record Craig v South Australia (1995) (saying in order “for the reasons that I will publish”  does not incorporate reasons into record) Modified by Statute Eliminates this element—no need to be ‘on the face of the record’: ADJR s5(1)(f) & JR s20(2)(f) (“whether or not the error appears on the record of the decision”) • Any error of law sufficient: eg: ABT v Bond (1990) per Mason CJ (no evidence ground) [→ thus error of law not on the face of the record (= CL no evidence) comes under this head as well] CL error of law on the face of the record → writ of certiorari: Kirk Andrew Trotter LWB3
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