Open slather to review planning and other ACT government decisions?
The Administrative Decisions (Judicial Review) Amendment Bill 2013 primarily seeks to eliminate the requirement that only a ‘person aggrieved’ by a government decision (including a DA approval or call in) can seek review of that decision by a court. In doing so, the bill seeks to broaden the number and categories of persons able to seek judicial review of an approval or other government decision. The bill also authorises the court to allow interveners (almost anyone it appears) to join in the proceedings.
The Administrative Decisions (Judicial Review) Act 1989 (ADJR Act) like similar laws in other jurisdictions allows a “person aggrieved” by a decision under an enactment by the ACT government to seek review of that decision by the ACT Supreme Court.
While the ADJR Act does not allow the Court to decide whether the decision is the preferable one (ie merits review undertaken by the ACT Civil and Administrative Tribunal), it does allow a Court to review the decision making process and make a finding whether or not the decision was properly made according to the law…
If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.
News from King & Wood Mallesons
News from The Lawyer
Briefings from King & Wood Mallesons
The assistant treasurer was quizzed recently about the timetable for his Future of Financial Advice changes.
High Court decides: liquidators of insolvent landlords can disclaim leases with the effect of extinguishing the tenant’s leasehold interest
In Willmott Growers Group Inc v Willmott Forests Limited, the majority of the High Court upheld the Victorian Court of Appeal’s conclusion that the liquidators of an insolvent landlord can disclaim a lease.
Analysis from The Lawyer
All-encompassing change is now a reality for the UK’s top 200 firms. How are they coping with the unprecedented upheaval? The Lawyer finds out