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Litigating Questions of Quality


Greg Weeks


University of New South Wales Faculty of Law

February 1, 2007

Australian Journal of Administrative Law, Vol. 14, No. 2, p. 76, 2007

Abstract:     
There are some grounds of judicial review which inherently lead the court to consider questions of the quality of the decision-maker’s decision. The most prominent of these are review for Wednesbury unreasonableness and S20/2002 irrationality or illogicality. These grounds of review require careful application to avoid reviewing the merits of a case. The Australian Retailers case demonstrates another difficulty with quality review – that of what detail should be allowed in the evidence both supporting and rebutting the alleged error of law. This article provides a brief examination of the nature of quality review, followed by an examination of the approach used by Weinberg J in Australian Retailers. The article also suggests a method by which judicial review for issues of quality can serve its intended purpose – to catch rare and absurd decisions – without becoming unduly time-consuming or, worse, degenerating into merits review.

Number of Pages in PDF File: 13

Keywords: Administrative law, judicial review, Wednesbury, unreasonableness, quality

JEL Classification: K10, K30, K39

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Date posted: August 13, 2009 ; Last revised: July 29, 2010

Suggested Citation

Weeks, Greg, Litigating Questions of Quality (February 1, 2007). Australian Journal of Administrative Law, Vol. 14, No. 2, p. 76, 2007. Available at SSRN: http://ssrn.com/abstract=1448202

Contact Information

Greg Weeks (Contact Author)
University of New South Wales Faculty of Law ( email )
Kensington, New South Wales 2052
Australia
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