✔️ HD 93: Admin Law Full Exam Problem Question Answering Notes with Cases + Legislation + Prewritten Answer Scaffold in HIRAC Style

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FINAL EXAM PROBLEM QUESTION ANSWERING NOTES: Extensive notes, easy to follow layout with: - EXAM ANSWER SCAFFOLDING, - INTRODUCTORY PARAGRAPHS FOR EACH CRIME, - PRE-MADE & EXAMPLE SENTENCES (to guide your answers)* - CASE AUTHORITIES - LEGISLATIVE AUTHORITIES (Corporations Act 2001 (Cth)), - DEFINITIONS *Colour Coded for your convenience Content covered from Weeks 1-12 Sourced from lecture notes, readings, textbooks, research. I found it super useful for practicing for exams (and in the actual final exam itself for reference & guidance) as well as answering questions tutorials. Contents: Privative Clause- has the legislation sought to remove JR? Standing – Only if its contentious ADJR Act Sections Below: Jurisdiction Jurisdiction- State Courts Face of the Record Jurisdiction- Federal Courts ADJR ACT- works for High Court or Federal Court What is a ‘decision’? Of an Admin character (as opposed to a legislative one or judicial ) Made under enactment? Has there been a breach of legislation? (Grounds for the ADJR Act) 75(v) of the Constitution gives the High Court Jurisdiction to review OR s39) of the Judiciary Act allows the Federal Court to review What is an officer of the Commonwealth What is a Jurisdictional Error? 75(iii) of the Constitution gives the high court the ability to grant a remedy even if no jurisdictional error can be shown in a decision. Grounds of Review (ADJR) Act & s39(B) Fair Hearing Rule (Procedural Fairness) s5(1)(a) ADJR Act Legitimate Expectations Cases Rule Against Bias (Actual or Perceived Bias) s5(1)(a) ADJR Act (Procedural Fairness) Consideration Norms Failure to consider Relevant Considerations (s 5(2)(b) ADJR Act) Irrelevant Considerations (s 5(2)(a) ADJR Act and Permissible Considerations (can be considered but don’t have to be) Norm against Acting for an improper purpose s 5(2)(c ) ADJR Act No-fettering norm- Inflexible application of Policy s5(2)(F) ADJR Act Considering Policies Norms which require repositories of a power must not act under dictation s 5(2)(e) ADJR Act Unlawfully delegate their decision-making authority s 5(1)(c ) ADJR Act Norms which condition how decisions-makers must apply the law and determine facts No Evidence Rule s5 (1)(h) ADJR Act Reasonableness norms S5(2)(g) of the ADJR Act Irrationality State of Mind Jurisdictional Facts: Jurisdictional Fact- another ground (Non-ADJR Act) Legislation Excluding a Ground: AAT Advantages of Merits Review at the AAT Remedies – ADJR Act Remedies – Common Law Remedial Model s75(v) or 39B State or Federal Court Certiorari- Jurisdictional Error or Non-Jurisdictional Error on the Face of the Record Mandamus – Jurisdictional Error Only Prohibition – Jurisdictional Error Only Declaration- Jurisdiction and Non-Jurisdictional (all errors) Injunction- Jurisdiction and Non-Jurisdictional (all errors) *Do Not plagiarize from this source