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Form of assignment The assignment is to be written as a submission to your law firm, setting out both (1) the relevant and strongest grounds of review and (2) the most advisable avenues of review...

Form of assignment
The assignment is to be written as a submission to your law firm, setting out both (1) the relevant and strongest grounds of review and (2) the most advisable avenues of review available. There must be correct and full citations to the relevant legislation and case law, as per the Australian Guide to Legal Citation.
Part 1: Non-judicial review
This part requires advice on the availability of, and best options for, informal review, internal review, FOI, Ombudsman and tribunal review of the administrative decision.
A.    You must outline the merits issues and legal issues that you consider relevant. Such issues must be supported by references in the footnotes to the relevant legislation, guidelines and cases.
B.    Reference must be made to the legislative sections covering the procedures and application fees for these actions, and what procedures your client should expect at each step, and how long the review process could take.
Part 2: Judicial Review
This part requires advice on the possibility of challenging, via judicial review, the decision made by the original decision maker or relevant tribunal.
A.    You must advise whether your client has standing, and which courts have jurisdiction.
B.    You must outline the grounds that may be open to challenge the administrative decision, indicating which you think are the strongest grounds.
C.    No reference is needed to the remedies that are available, but the likely time and fees of any action must be indicated.



Oct 07, 2017
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