HD Adminstrative Law Notes
Subject notes for Monash LAW5014
Description
Excellent Admin Law notes which are colour coded, includes case summaries with pictures for memory aid, hand table for Grounds of Review. Topics: AAT (1) Jurisdiction (2) Standing (3) What AAT does in hearing appeal (4) Review (what decision should AAT make based on new material) (5) Remedies ADJR (1) Jurisdiction (a) Decision/conduct re a decision (b) Of an administrative character (c) Under an enactment (2) Standing (a) Aggrieved by a decision: s 5; s 3 (3) Reasons (a) Person with standing may request (b) Exception if info relates to personal/business affairs (4) Grounds: ADJR (a) Beyond scope: s 5/6(1)(d) (b) Procedural condition: s 5/6(1)(b) (c) Invalid delegation: s 5/6(1)(c) (d) Relevant & irrelevant considerations: s 5/6(1)(e); s 5/6(2)(a), (b) (e) Improper purpose & bad faith: s 5/6(1)(e), (g); s 5/6(2)(c), (d) (f) Unreasonable: s 5/6(1)(e); s 5/6(2)(g) (g) No evidence: s 5(1)(h); s 5(3) (h) Inflexible application of policy: s 5/6(1)(e); s 5/6(2)(f) (i) Acting under dictation: s 5/6(1)(e); s 5/6(2)(e) (j) Hearing rule: s 5(1)(e) (k) Rule against bias: s 5(1)(a) (5) Remedies (a) Orders available under s 16 Common law (1) Jurisdiction (a) A matter (b) An available remedy (2) Standing (b) Aggrieved by a decision: s 75(v) (3) Reasons (a) No duty to provide reasons: Osmond (4) Grounds: s 75(v) (a) No evidence has substantial difference: Stevedoring (b) “see analysis above with regards to grounds, but necessary that the breach of at least 1 of these grounds will constitute a jurisdictional error for a common law prerogative writ to be available: Kirk (5) Remedies (a) Prohibition, certiorari, mandamus, injunction, declaration
Monash
Semester 2, 2019
40 pages
16,706 words
$34.00
27
Campus
Monash, Clayton
Member since
January 2018