Judicial Review Application Law Assignment Help
Order Code: MAS54512
Question Task Id: 390153
- Country :
1). The purpose of this assignment is for you to partially prepare an Application for Judicial Review. In order to do this, you will need to analyse a factual scenario, and critically apply the law of judicial review to that scenario, to determine whether certain of the elements of the Judicial Review
Application are made out.
2). The audience for your task is your client (Mr Charlton – see below), legal practitioners, and a Federal Court Judge.
3). Based on your knowledge of the unit and your further research into relevant legislation and cases, you are partially to prepare an Application for Judicial Review in the Federal Court of Australia under the Administrative Decisions (Judicial Review) Act 1977 (Cth). You are acting for Heston Charlton, the prospective applicant for review.
- i. These instructions are intended to make it easier for you to complete the Assessment satisfactorily, and to ensure that you are only assessed in relation to Topics One to Five of the unit. If you do not comply with these instructions, you will find the Assessment much more difficult to complete, and your answer will contain irrelevant material for which you will not receive any marks.
- ii. Although you should read and re-read these instructions carefully at the beginning of the course, they will probably make more sense to you as you complete Topics One to Five in the course.
- iii. Although you are to assume that decisions made under this Act generally fall with the purview of the ADJR Act you will still need to plead that the relevant decision-maker’s specific decision in this instance is a ‘decision of an administrative character made under an enactment’ (or a ‘failure to make a decision’, or ‘conduct related to the making of a decision’, or one or more of the above), in terms of the ADJR Act, and hence reviewable under that Act (these issues will be covered in Topic 3).
- iv. The relevant forms will be placed shortly in the Cloud Assessment Resources / Assessment 1 / Commonwealth judicial review application forms folder.
- v. Your Application must be supported by written submissions for the Applicant. The written submissions should set out the legal arguments that you wish to make in support of your Application for review. The submissions should be sufficiently detailed so that a judge reading them can understand the legal basis upon which you seek to challenge the conduct or decision. They must also be succinct.
- vi. The application will consist of Form 66 and written submissions. The application must start with Form 66 which can be found on the Cloud Assessment 1 page. Form 66 is intended to be a brief summary of the submissions. While Form 66 indicates that there needs to be a separate form in relation to each decision, conduct, or failure to make a decision, you are allowed to include all your applications in the same document (should you wish to make more than one application).
- vii. After completing the Form 66, students may then proceed to the written submissions proper in any format they wish. Please combine your completed Form 66 and your written submissions in the same document, with Form 66 coming first.
- viii. Example High Distinction Applications and written submissions will shortly be provided in the Assessment Resources Folder in Cloud (see Sample HD papers) and you are encouraged to refer to them for guidance as to how to complete this task.
- ix. You are to allege a total of five (5) grounds of review. You will be assessed, in part, as to the appropriateness of the grounds you have chosen. If you allege more than, or fewer than five grounds of review you may lose marks because you have not complied with these instructions.
- x. You must allege five separate grounds of review - ie separate in terms of what is necessary to be established in order for the grounds to be made out. (So, for instance, you must not allege, say, the irrelevant consideration ground three times in respect of three different matters.
- xi. You must not argue irrelevant consideration and improper purpose with regard to the same factual matter
- xii. The basic rule is that each subparagraph in ss 5, 6 (e.g. 5(1)(a), 5(1)(b)) counts as one ground of review.
- xiii. The first exception to this basic rule is ss 5(1)(e), 6(1)(e). Sections 5(1)(e), 6(1)(e) are not counted as grounds (as paragraphs (1)(e) and (2)(e) are defined by ss 5(2), 6(2)).
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