Judicature Amendment Act 1972

1: Short Title
This Act may be cited as the Judicature Amendment Act 1972, and shall be read together with and deemed part of the Judicature Act 1908 (hereinafter referred to as the principal Act).
1: Single procedure for the judicial review of the exercise of or failure to exercise a statutory power
2: Relation to Part 1 of principal Act and commencement of this Part
1: This Part of this Act shall be deemed part of Part 1
2: This Part of this Act shall come into force on the 1st day of January 1973.
3: Interpretation
In this Part of this Act, unless the context otherwise requires,— Application for review subsection (1) Decision Licence Person a District Court Person: the reference to a District Court substituted for a reference to a Magistrate's Court 1 April 1980 18(2) District Courts Amendment Act 1979 Person: amended 8 March 1974 Industrial Relations Act 1973 by substituting the words the Arbitration Court the Industrial Court, the Industrial Commission amended 1 August 1987 Labour Relations Act 1987 by omitting the words the Arbitration Court Statutory power or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate
a: To make any regulation, rule, bylaw, or order, or to give any notice or direction having force as subordinate legislation; or
b: To exercise a statutory power of decision; or
c: To require any person to do or refrain from doing any act or thing that, but for such requirement, he would not be required by law to do or refrain from doing; or
d: To do any act or thing that would, but for such power or right, be a breach of the legal rights of any person; or
e: To make any investigation or inquiry into the rights, powers, privileges, immunities, duties, or liabilities of any person: Statutory power: amended 7 October 1977 10(1) Judicature Amendment Act 1977 by inserting the words or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate Statutory power: further amended 7 October 1977 10(2) Judicature Amendment Act 1977 inserting or Statutory power of decision , or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate, to make a decision deciding or prescribing or affecting
a: The rights, powers, privileges, immunities, duties, or liabilities of any person; or
b: The eligibility of any person to receive, or to continue to receive, a benefit or licence, whether he is legally entitled to it or not. Statutory power of decision: amended 7 October 1977 10(3) Judicature Amendment Act 1977 by substituting the words , or by or under the constitution or other instrument of incorporation, rules, or bylaws of any body corporate, to make a decision deciding or prescribing or affecting to make a decision describing or prescribing
3A: Jurisdiction of Employment Court
This Part of this Act is subject to the provisions of the Employment Relations Act 2000 and High Court Employment Relations Act 2000 Section 3A inserted 1 August 1987 Labour Relations Act 1987 Section 3A substituted 15 May 1991 Employment Contracts Act 1991 Section 3A substituted 2 October 2000 240 Employment Relations Act 2000 Section 3A amended 1 December 2004 72 Employment Relations Amendment Act (No 2) 2004 by inserting the words and High Court Employment Court See section 73
4: Application for review
1: On an application High Court
2: Where on an application for review the applicant is entitled to an order declaring that a decision made in the exercise of a statutory power of decision is unauthorised or otherwise invalid, the Court may, instead of making such a declaration, set aside the decision.
2A: Notwithstanding any rule of law to the contrary, it shall not be a bar to the grant of relief in proceedings for a writ or an order of or in the nature of certiorari or prohibition, or to the grant of relief on an application for review, that the person who has exercised, or is proposing to exercise, a statutory power was not under a duty to act judicially; but this subsection shall not be construed to enlarge or modify the grounds on which the Court may treat an applicant as being entitled to an order of or in the nature of certiorari or prohibition under the foregoing provisions of this section.
3: Where in any of the proceedings referred to in subsection (1)
4: Subsection (3)
5: Without limiting the generality of the foregoing provisions of this section, on an application for review in relation to the exercise, refusal to exercise, or purported exercise of a statutory power of decision the Court if it is satisfied that the applicant is entitled to relief under subsection (1)
a: Advise the person of its reasons for so doing; and
b: Give to him such directions as it thinks just as to the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.
5A: If the Court gives a direction under subsection (5) section 8
5B: Where any matter is referred back to any person under subsection (5)
5C: Where any matter is referred back to any person under subsection (5) subsection (5A)
6: In reconsidering any matter referred back to him under subsection (5) Subsection (1) amended 7 October 1977 13(2)﻿(a) Judicature Amendment Act 1977 by omitting the words by motion Subsection (2A) inserted 7 October 1977 11(1) Judicature Amendment Act 1977 Subsection (5) amended 7 October 1977 11(2) Judicature Amendment Act 1977 by substituting the words if it is satisfied that the applicant is entitled to relief under subsection (1) of this section, may, in addition to or instead of granting any other relief under the foregoing provisions of this section, may Subsections (5A) (5B) (5C) inserted 7 October 1977 11(3) Judicature Amendment Act 1977
5: Defects in form, or technical irregularities
On an application for review in relation to a statutory power of decision, where the sole ground of relief established is a defect in form or a technical irregularity, if the Court finds that no substantial wrong or miscarriage of justice has occurred, it may refuse relief and, where the decision has already been made, may make an order validating the decision, notwithstanding the defect or irregularity, to have effect from such time and on such terms as the Court thinks fit.
6: Disposal of proceedings for mandamus, prohibition, or certiorari
Where proceedings are commenced for a writ or order of or in the nature of mandamus, prohibition, or certiorari, in relation to the exercise, refusal to exercise, or proposed or purported exercise of a statutory power, the proceedings shall be treated and disposed of as if they were an application for review.
7: Disposal of proceedings for declaration or injunction
Where proceedings are commenced for a declaration or injunction, or both, whether with or without a claim for other relief, and the exercise, refusal to exercise, or proposed or purported exercise of a statutory power is an issue in the proceedings, the Court on the application of any party to the proceedings may, if it considers it appropriate, direct that the proceedings be treated and disposed of, so far as they relate to that issue, as if they were an application for review.
8: Interim orders
1: Subject to subsection (2)
a: Prohibiting any respondent to the application for review from taking any further action that is or would be consequential on the exercise of the statutory power:
b: Prohibiting or staying any proceedings, civil or criminal, in connection with any matter to which the application for review relates:
c: Declaring any licence that has been revoked or suspended in the exercise of the statutory power, or that will expire by effluxion of time before the final determination of the application for review, to continue and, where necessary, to be deemed to have continued in force.
2: Where the Crown is the respondent (or one of the respondents) to the application for review the Court shall not have power to make any order against the Crown under paragraph (a) (b)
a: Declare that the Crown ought not to take any further action that is or would be consequential on the exercise of the statutory power:
b: Declare that the Crown ought not to institute or continue with any proceedings, civil or criminal, in connection with any matter to which the application for review relates.
3: Any order under subsection (1) (2) This section was substituted 7 October 1977 12 Judicature Amendment Act 1977
9: Procedure
1: An application for review shall be made by motion accompanied by a statement of claim.
2: The statement of claim shall—
a: State the facts on which the applicant bases his claim to relief:
b: State the grounds on which the applicant seeks relief:
c: State the relief sought.
3: It shall not be necessary for the statement of claim to specify the proceedings referred to in section 4(1)
4: The person whose act or omission is the subject-matter of the application for review, and, subject to any direction given by a Judge under section 10
4A: For the purposes of subsection (4)
a: That Court or tribunal, and not that Judge, Registrar, or presiding officer, shall be cited as a respondent; but
b: That Judge, Registrar, or presiding officer may file, on behalf of that Court or tribunal, a statement of defence to the statement of claim.
5: For the purposes of subsection (4)
6: Subject to any direction given by a Judge under section 10
7: Subject to this Part of this Act, the procedure in respect of any application for review shall be in accordance with rules of Court. This section was substituted 7 October 1977 13(1) Judicature Amendment Act 1977 Subsection (4A) inserted 15 August 1991 7 Judicature Amendment Act 1991
10: Powers of Judge to call conference and give directions
1: For the purpose of ensuring that any application or intended application for review may be determined in a convenient and expeditious manner, and that all matters in dispute may be effectively and completely determined, a Judge may at any time, either on the application of any party or intended party or without any such application, and on such terms as he thinks fit, direct the holding of a conference of parties or intended parties or their counsel presided over by a Judge.
2: At any such conference the Judge presiding may—
a: Settle the issues to be determined:
b: Direct what persons shall be cited, or need not be cited, as respondents to the application for review, or direct that the name of any party be added or struck out:
c: Direct what parties shall be served:
d: Direct by whom and within what time any statement of defence shall be filed:
e: Require any party to make admissions in respect of questions of fact; and, if that party refuses to make an admission in respect of any such question, that party shall be liable to bear the costs of proving that question, unless the Judge by whom the application for review is finally determined is satisfied that the party's refusal was reasonable in all the circumstances, and accordingly orders otherwise in respect of those costs:
f: Fix a time by which any affidavits or other documents shall be filed:
g: Fix a time and place for the hearing of the application for review:
h: Require further or better particulars of any facts, or of the grounds for relief, or of the relief sought, or of the grounds of defence, or of any other circumstances connected with the application for review:
i: Require any party to make discovery of documents, or permit any party to administer interrogatories:
j: In the case of an application for review of a decision made in the exercise of a statutory power of decision, determine whether the whole or any part of the record of the proceedings in which the decision was made should be filed in Court, and give such directions as he thinks fit as to its filing:
k: Exercise any powers of direction or appointment vested in the Court or a Judge by its rules of Court in respect of originating applications:
l: Give such consequential directions as may be necessary.
3: Notwithstanding any of the foregoing provisions of this section, a Judge may, at any time before the hearing of an application for review has been commenced, exercise any of the powers specified in subsection (2) subsection (1) This section was substituted 7 October 1977 14 Judicature Amendment Act 1977
11: Appeals
Any party to an application for review who is dissatisfied with any final or interlocutory order in respect of the application may appeal to the Court of Appeal; and section 66 of the principal Act shall apply to any such appeal.
12: Section 12 repealed 7 October 1977 13(2)﻿(b) Judicature Amendment Act 1977
13: This Part to bind the Crown
Subject to section 14
14: Application of Crown Proceedings Act 1950
1: Section 2 Crown Proceedings Act 1950 civil proceedings subsection (1) or proceedings by way of an application for review under Part I of the Judicature Amendment Act 1972
2: In its application to the Crown, this Part of this Act shall be read subject to the Crown Proceedings Act 1950 subsection (1)
15: Jurisdiction of Administrative Division
This section amended s 26(1)﻿(c)
16: References in enactments
Subject to sections 14 15 subsection (1)
2: Miscellaneous amendments
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