Judicial Review

An application for a statutory order of review is more commonly known as a ‘Judicial Review’.

The application may be made on any 1 or more of the following grounds—

1. that a breach of the rules of natural justice happened in relation to the making of the decision;
2. that procedures that were required by law to be observed in relation to the making of the decision were not observed;
3. that the person who purported to make the decision did not have jurisdiction to make the decision;
4. that the decision was not authorised by the enactment under which it was purported to be made;
5. that the making of the decision was an improper exercise of the power conferred by the enactment under which it was purported to be made;
6. that the decision involved an error of law (whether or not the error appears on the record of the decision);
7. that the decision was induced or affected by fraud;
8. that there was no evidence or other material to justify the making of the decision;
9. that the decision was otherwise contrary to law.

Jahnke Lawyers are experienced at making applications of this nature. The most common application made in the current environment is those aggrieved by decisions made by a Parole Board or when a Parole Board fails to make a decision in accordance with its statutory obligations.