Semester 1, 2018

HD Administrative Law (LAW4331) Exam notes

36 pages

11,894 words




These notes were used in my exam in which I achieved a HD mark.

I collated and distilled all lectures and case readings to create clear, easy to follow structures, ideal for following when answering exam questions in this challenging subject. Ultimately, they contain all that any student needs in a trusts exam, plus extra subtle policy points for getting an edge over other students.

1) Merits review
2) Jurisdiction (ADJR Act; Common law)
3) Standing (ADJR ACT; Common law)
4) Reasons for decision (only applies to common law)
5) Grounds for review I: Acting beyond power (ADJR Act; Common law)
5a) absence of power (actions not permitted by statute; disregard of procedural requirements; improper delegation)
5b) abuse of power or discretion (improper purpose; fraud; bad faith; relevant and irrelevant considerations; unreasonableness)
5c) Fact-finding errors (no evidence; jurisdictional fact)
5d) Failure to exercise discretion (inflexible application of policy; acting under dictation; failing to make a decision)
6) Grounds for review II: Procedural fairness (ADJR Act; Common law)
6a) Hearing rule
6b) Bias rule
7) Jurisdictional error (only applies to common law)
8) Remedies (ADJR Act; Common law)