Litigating Questions of Quality
University of New South Wales Faculty of Law
February 1, 2007
Australian Journal of Administrative Law, Vol. 14, No. 2, p. 76, 2007
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, K39Accepted Paper Series
Date posted: August 13, 2009 ; Last revised: July 29, 2010
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