Judicial review application preparation checklist
Judicial review challenges the legality — not the merits — of a government decision. This checklist helps lawyers scope and lodge an application within the short statutory windows.
This is a 12-step checklist for preparing a judicial review application under the Administrative Decisions (Judicial Review) Act 1977 (Cth) or equivalent state legislation. It covers standing, grounds, and relief.
The checklist
Identify the decision
Identify the exact decision or conduct under review and the decision-maker.
Confirm reviewability
Confirm the decision is of an administrative character under an enactment.
Check standing
Check the applicant is a person aggrieved by the decision.
Check time limits
Diarise the 28-day application window from the date the decision was furnished.
Request reasons
Request a statement of reasons under section 13 if not already provided.
Identify grounds
Identify grounds of review — jurisdictional error, procedural unfairness, unreasonableness, and others.
Review alternative pathways
Review AAT or merits review rights and whether they should be exhausted first.
Consider interim relief
Consider whether an urgent stay or interlocutory injunction is needed.
Prepare affidavit material
Prepare affidavit evidence and the decision record carefully.
Draft originating application
Draft the originating application and concise statement identifying each ground.
Assess costs risk
Assess the costs risk, including any public interest costs principles.
Plan service and listing
Plan service on the decision-maker and directions hearing listing.
When this checklist applies
Use when challenging a federal or state administrative decision in the Federal Court or supreme court judicial review list.
Common pitfalls
- Missing the 28-day application window
- Challenging the merits when only legality is reviewable
- Grounds drafted too generally to survive strike out
- Section 13 reasons request lodged late
- Alternative review rights not considered first
Run this checklist on a real matter
Quillio can summarise reasons, map grounds to section 5, and draft concise statements. See /practice-areas/litigation or start a free trial.
General administrative law guidance. State equivalents and migration or taxation-specific regimes apply differently.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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