Tutor Quora

22276VIC Advanced Diploma Of Legal Practice

Academic Anxiety?

Get an original paper within hours and nail the task

156 experts online

Free Samples

22276VIC Advanced Diploma Of Legal Practice

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

22276VIC Advanced Diploma Of Legal Practice

0 Download6 Pages / 1,270 Words

Course Code: 22276VIC
University: Victoria University

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia


From a historical perspective, why was a need for judicial review? What would be the outcome if an applicant was successful in a judicial review?
What is the key differences between a “judicial review” and a “review on the merits”
Set out the common law grounds for a judicial review?
What differences are there between applying for a judicial review based on common law principles and applying for a judicial review based on the Administrative Decisions (Judicial Review) Act?
Explain in detail the concept of “procedural fairness” as it used in a judicial review case?
Explain the meaning of “standing” (the Latin phrase is ‘locus standi’) in a judicial review? What are the requirements to establish standing? What will happen if an applicant does not have standing?
Are there any Acts/statutes/legislation that specifically exclude or prohibit a judicial review being filed?
Research and discuss the development of the constitutional and legal framework of Australia
Review the structure of government in Australia and the jurisdictions of the Victorian and Federal court hierarchies
Distinguish between the executive functions of government from the legislative and judicial functions
Examine and describe the nature of quasijudicial bodies
Identify the nature of decisions forming the subject matter of administrative law
Research subordinate legislation and the principles governing delegation of legislative power
Define the term subordinate legislation and outline its operation
Examine and discuss the reasons for delegation of legislative power and explain the legal restraints on the delegation of legislative power
Describe the nature of parliamentary supervision and the control of subordinate legislation
Analyse judicial review of decisions
Research the historical background and features of judicial review, and debate the legal basis for intervention and the effect of a successful application for judicial review


Take Home Questions:  include footnote, bibliography and cover sheet
Judicial review provides a method where people affected by government action can raise a claim in court against the action or stipulated law. In history judicial review was the prevention of the encroachment of the rights.

Mandamus: A command to the respondent to undertake its public duty.
Prohibition: The respondent is restrained from undertaking a scheduled unlawful act.
Certiorari:  an order is given that quashes the decision in question.
Declaration: An order from the court to clarify the law regarding the dispute.It does not provide mandatory or any restraints.
Injunction: A remedy in equity that enforces a statutory protection or obligation to the officials.

List the main features of a “review on the merits” such as a merits review application to the Administrative Appeals Tribunal?
Merit review is about facts and looking at the analysis of the facts and lawfulness of the previous decision. In summary, merit review is about;

Superior position to gather and analyse facts.
Improved approach in identifying, clarifying and applying the applicable law;
Unique approach in searching and reviewing the fundamentals of decision and policies within the administrative decision.

Judicial review focuses on checking the powers and whether the decision maker followed the stipulated legal procedure. Review of merits looks at the errors made when making the decision.
In judicial review, the decision can be set aside, but there is no room for substituting that decision. Under review of merits, the decision can be set aside, and remake it to provide right decision.
A decision on judicial review is binding even to other courts while that or a merit review is deemed to apply only to that case and the parties.
The common law grounds for a judicial review are those in the doctrine of ultra vires. The scope of the doctrine of ultra vires deals with areas where the government bodies or its officials;

Act with improper purpose;
Take unreasonable actions;
Fail to undertake proper consideration when making certain decisions;
Makes judicial or other legal errors when exercising powers;
We now have specific legislation/statutes that deal with judicial review. Please provide a few examples?

The Commonwealth of Australia Constitution act;
Judiciary Act;
Administrative Decisions (Judicial Review) Act;
Constitution Act 1975 (Vic);
Administrative Law Act.

The common law applies the doctrine locus standi or of standing in the determination whether the applicant is the right person to bring the claim.  This doctrine mostly looks at the administrative remedy in which the person is seeking.   In ADJRA, the application has to follow the rules set in s 13. The advantage of ADJRA is that it is more flexible on the powers of the Court while deciding on the review.  The flexibility allows the court to tailor the remedies and offer a simplified review process
Yes, Administrative Decisions (Judicial Review) Act 1977 – Schedule 1 provides legislatives and decisions that are not subject to judicial review.  
The rules of procedural fairness are set to ensure that cases are decided upon a fair decision-making procedure.  These rules prevent the government from undertaking arbitrary actions that affect people. The rules ensure administrators and other government officials take consideration of justice and integrity while making decisions that affect people. In the case of Minister for Immigration and Border Protection v WZARH, the court stated that administrative decision-makers have a duty to provide procedural fairness to all persons that would be affected by the decision.
Locate a case on judicial bias, reference it and give a detailed analysis.
Ane example of a case in Judicial bias was the case of Johnson v Johnson.  The parties were a husband and a wife since November 1979, and a dissolution of the marriage happened in 1996. Upon dissolution, a dispute in the financial arrangements were brought before the judge, Anderson J.  The court held that a division should be made with the wife taking 40% of the asset pool.  The dispute that went to appeal on a matter of bias regarded Anderson J comments that he was going to search for the truth by looking at the independent people and their independent documents.  When this matter went to appeal, the court of appeal ruled that there was no bias on the Anderson J comments.
The doctrine of standing or locus standi denotes with a person’s right to bring proceedings to the court of a tribunal. These principles require that every person bringing the proceedings should be the appropriate person who has been affected by the administrative power in which he/she seeks remedy against. The different requirements for standing are;

There must be a relationship between the standing and the remedies sought.
If a claim is seeking a remedy through the statute such as ADJRA (Cth), the standing that applies is the one stated in that law.
If the claim seeks remedy in common law, the standing requirement are those related to the remedy sought.

List the remedies available in a judicial review of administrative decisions?
The remedies in judicial review from an administrative decision are;
The court may suspend or order a stay the related proceedings or an interlocutory order on the decision or action that the government officials had commenced. These powers are granted to the Court under the section 23 of the Federal Court of Australia Act.
The judicial review act under part 3 provides that the court can provide other remedies such as;  

Setting aside the decision in question;
Ask the person who make the decision to reconsider it;
Declare rights;
Direct the concerned party to do or refrain to do the action;

Under s 16 of ADJR Act and in on a matter of Commonwealth decision making, the Federal Court can also issue such orders stated above.
Give a detailed case analysis of Associated Prov. Pic Houses Ltd v Wednesbury [1948] 1 KB 223.
The issue regarded a prohibition by the defendant under a licence granted to the plaintiff that no child under the age of 15 years, either by themselves or accompanied by adults could enter the cinema on Sundays. The plaintiff sought orders from the Court to declare the restriction by the defendant as unreasonable. However, the Court ruled that it could not interfere with the orders or limits since the only grounds for intervening were where the decision makers went over the legal powers conferred to them.
Asimow, Michael and Jeffrey S Lubbers, ‘THE MERITS OF “MERITS REVIEW”: A COMPARATIVE… – Google Scholar’
Victoria University, ‘Research the Application of Administrative Law VU21647 Advanced Diploma of Legal Practice 22276VIC Enterprise Programs Unit Study Guide 2017’
Commonwealth of Australia Constitution Act 1901
Johnson v Johnson [2000] HCA 48
Minister for Immigration and Border Protection v WZARH [2015] HCA 40
Administrative Decisions (Judicial Review) Act 1977
Administrative Law Act 1978
Constitution Act 1975
Federal Court of Australia Act 1976
Judicial Review Act 1991
Judiciary Act 1903
Attorney-General’s Department, Overview of the Commonwealth System of Admin Review (2018)
Australian Government, The Scope of Judicial Review Discussion Paper, 2003 (2003)
Commonwealth of Australia, 83 Clarence Street, Judicial Review (2016)
Legal Commission of South Australia, Judicial Review (2018)

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.


Yes, alert me for offers and important updates


Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 6 pages


*The content must not be available online or in our existing Database to qualify as

Cite This Work
To export a reference to this article please select a referencing stye below:


My Assignment Help. (2020). Advanced Diploma Of Legal Practice. Retrieved from https://myassignmenthelp.com/free-samples/22276vic-advanced-diploma-of-legal-practice/commonwealth-of-australia-constitution-act.html.

“Advanced Diploma Of Legal Practice.” My Assignment Help, 2020, https://myassignmenthelp.com/free-samples/22276vic-advanced-diploma-of-legal-practice/commonwealth-of-australia-constitution-act.html.

My Assignment Help (2020) Advanced Diploma Of Legal Practice [Online]. Available from: https://myassignmenthelp.com/free-samples/22276vic-advanced-diploma-of-legal-practice/commonwealth-of-australia-constitution-act.html[Accessed 18 December 2021].

My Assignment Help. ‘Advanced Diploma Of Legal Practice’ (My Assignment Help, 2020) accessed 18 December 2021.

My Assignment Help. Advanced Diploma Of Legal Practice [Internet]. My Assignment Help. 2020 [cited 18 December 2021]. Available from: https://myassignmenthelp.com/free-samples/22276vic-advanced-diploma-of-legal-practice/commonwealth-of-australia-constitution-act.html.

.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}


Thank you for your interest
The respective sample has been mail to your register email id


$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1

Account created successfully!
We have sent login details on your registered email.



If you feel that your assignment’s topic is too complicated, our experts can offer marketing assignment help at your beck and call. Just call us or fill up our online form with the requirements of your marketing assignment. We will assign a writer who has specialized in your field of study. We also offer assignment help at the best rates along with several discounts and freebies.

Latest Management Samples

div#loaddata .card img {max-width: 100%;

MPM755 Building Success In Commerce
Download :
0 | Pages :

Course Code: MPM755
University: Deakin University

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

The process of developing a successful business entity requires a multidimensional analysis of several factors that relate to the internal and external environment in commerce. The areas covered in this current unit are essential in transforming the business perspective regarding the key commerce factors such as ethics, technology, culture, entrepreneurship, leadership, culture, and globalization (Nzelibe, 1996; Barza, 2…

SNM660 Evidence Based Practice
Download :
0 | Pages :

Course Code: SNM660
University: The University Of Sheffield

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: United Kingdom

Critical reflection on the objective, design, methodology and outcome of the research undertaken Assessment-I
Smoking and tobacco addiction is one of the few among the most basic general restorative issues, particularly to developed nations such as the UK. It has been represented that among all risk segments smoking is the fourth driving purpose behind infections and other several ailments like asthma, breathing and problems in the l…
Australia Maidstone Management Business management with marketing University of New South Wales Masters in Business Administration 

BSBHRM513 Manage Workforce Planning
Download :
0 | Pages :

Course Code: BSBHRM513
University: Tafe NSW

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Task 1
1.0 Data on staff turnover and demographics
That includes the staffing information of JKL industries for the fiscal year of 2014-15, it can be said that the company is having problems related to employee turnover. For the role of Senior Manager in Sydney, the organization needs 4 managers; however, one manager is exiting. It will make one empty position which might hurt the decision making process. On the other hand, In Brisba…

MKT2031 Issues In Small Business And Entrepreneurship
Download :
0 | Pages :

Course Code: MKT2031
University: University Of Northampton

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: United Kingdom

Entrepreneurial ventures
Entrepreneurship is the capacity and willingness to develop, manage, and put in order operations of any business venture with an intention to make profits despite the risks that may be involved in such venture. Small and large businesses have a vital role to play in the overall performance of the economy. It is, therefore, necessary to consider the difference between entrepreneurial ventures, individual, and c…
Turkey Istanbul Management University of Employee Masters in Business Administration 

MN506 System Management
Download :
0 | Pages :

Course Code: MN506
University: Melbourne Institute Of Technology

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

An operating system (OS) is defined as a system software that is installed in the systems for the management of the hardware along with the other software resources. Every computer system and mobile device requires an operating system for functioning and execution of operations. There is a great use of mobile devices such as tablets and Smartphones that has increased. One of the widely used and implemented operating syste…
Australia Cheltenham Computer Science Litigation and Dispute Management University of New South Wales Information Technology 


Need an essay written specifically to meet your requirements?

Choose skilled experts on your subject and get an original paper within your deadline

156 experts online

Your time is important. Let us write you an essay from scratch

Tips and Tricks from our Blog

11174 Introduction To Management

Free Samples 11174 Introduction To Management .cms-body-content table{width:100%!important;} #subhidecontent{ position: relative; overflow-x: auto; width: 100%;} 11174 Introduction

Read More »