JSB171 Lecture Notes - Lecture 1: Larceny, Shire Of Caboolture, Berlin Outer Ring
Document Summary
Ground of jr otherwise contrary to law. Ground contained in [5(1)(j), 6(1)(j) ad(jr) act (cth) or 20(2)(i), 21(2)(i) jr act (qld)]. Intention to catch other common law grounds as they emerge: abt v bond. Ground of jr error of law on the face of the record. Here it is necessary to examine the following grounds: Considering each (in particular consider irrelevant & relevant considerations) The 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. Element 1: there must be an error of law". Shire council: not for revisiting factual error! Element 2: on the face of the record".
