Jurisdictional Error & the ART

Question 1

Craig v South Australia (1995) — significance?

Accepted Answer

Explained jurisdictional error and the different scope of such error for inferior courts compared with administrative tribunals. (Source: (1995) 184 CLR 163)

Question 2

Project Blue Sky v Australian Broadcasting Authority (1998) — held?

Accepted Answer

Whether an act done in breach of a statutory condition is invalid depends on whether that was the legislative purpose, not on a mandatory/directory label. (Source: (1998) 194 CLR 355)

Question 3

Hossain v Minister for Immigration (2018) — held?

Accepted Answer

An error is jurisdictional only if it is material — it deprived the applicant of the possibility of a different decision. (Source: (2018) 264 CLR 123)

Question 4

Which Act provides statutory judicial review of Commonwealth decisions?

Accepted Answer

The Administrative Decisions (Judicial Review) Act 1977 (Cth). (Source: ADJR Act 1977 (Cth))

Question 5

What replaced the Administrative Appeals Tribunal?

Accepted Answer

The Administrative Review Tribunal, which began on 14 October 2024 under the Administrative Review Tribunal Act 2024 (Cth). (Source: Administrative Review Tribunal Act 2024 (Cth))

Question 6

Constitution s 75(v)?

Accepted Answer

The High Court has original jurisdiction in matters in which mandamus, prohibition or an injunction is sought against an officer of the Commonwealth. (Source: Constitution s 75(v))

1.Craig v South Australia (1995) — significance?

2.Project Blue Sky v Australian Broadcasting Authority (1998) — held?

3.Hossain v Minister for Immigration (2018) — held?

4.Which Act provides statutory judicial review of Commonwealth decisions?

5.What replaced the Administrative Appeals Tribunal?

6.Constitution s 75(v)?