Can Quillio handle administrative law appeals?
Yes. I handle administrative law appeals at both the merits review stage (Administrative Review Tribunal) and the judicial review stage (ADJR Act, section 39B Judiciary Act, state equivalents). I can research the grounds, analyse the decision under review, and draft submissions.
Merits review versus judicial review
I draw the line clearly. For merits review in the ART I look at whether the decision is the correct and preferable one. For judicial review I look at whether the decision is affected by jurisdictional error, denial of procedural fairness, unreasonableness, or one of the other established grounds. Confusing the two is the most common mistake in this area.
Grounds analysis
On request I analyse a decision against each potential ground: error of law, no evidence, unreasonableness (legal or Wednesbury), procedural fairness breach, bias (actual or apprehended), failure to consider a relevant consideration, considering an irrelevant consideration, improper purpose, and jurisdictional error. For each ground I flag the strength of the argument and the leading cases.
Submissions drafting
I draft the grounds of review, the statement of facts and issues, and the submissions in support, in the format each court requires. For Federal Court judicial review I also draft the originating application.
Step-by-step
- Upload the decision. Upload the decision under review and any supporting material.
- Tell me the review pathway. Merits review in the ART, or judicial review in the Federal Court / state Supreme Court.
- Run grounds analysis. I analyse the decision against each potential ground and flag the strongest.
- Draft the submissions. I draft the originating application and submissions in the right court format.
Common issues
- Merits review arguments do not work in judicial review — I flag if the ground is really a merits argument
- Time limits for judicial review are short — I check the date of the decision and flag the deadline
- Jurisdictional error is a narrow concept after Kirk v Industrial Court of NSW — I apply the test carefully
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