Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) A statutory order of review or prerogative relief must be sought by way of judicial review by originating application.
Note 1 See approved form 3.45 (Originating application—judicial review) AF2006-373
.
Note 2 Div 2.2.3 (Originating applications) contains provisions about the content of originating applications, the filing and service of originating applications, etc. The division applies, subject to this part (see r 22 (Application—ch 2)), to an application for a statutory order of review or prerogative relief.
(2) The application must state—
(a) if the grounds of the application include an allegation of fraud or bad faith—particulars of the fraud or bad faith on which the plaintiff relies; and
(b) if the application is an application for prerogative relief and the grounds of the application include an allegation of a mistake or omission in an order or proceeding—particulars of the mistake or omission on which the plaintiff relies; and
(c) if the application is for a quo warranto order in relation to a person's office—particulars of the objection to the person's entitlement to act in the office.
Note Rule 60 (3) (Originating application—content etc) provides that the originating application must state specifically the orders or other relief sought in the proceeding.
(3) A person may apply for prerogative relief if the person's interests are, or would be, adversely affected in or by the matter to which the application relates.
(4) A person must be included as a defendant to the application if—
(a) the application relates to a decision made by an entity authorised to make the decision, and the person—
(i) appeared, or was given leave to appear, before the entity; and
(ii) would be directly affected by the relief sought in the application or is interested in maintaining the decision; or
(b) for a statutory order of review—the application relates to conduct engaged in, or proposed to be engaged in, by an entity for the purpose of making a decision to which the Judicial Review Act applies, and the person—
(i) appeared, or was given leave to appear, before the entity; and
(ii) would be directly affected by the relief sought in the application or is interested in maintaining the decision; or
(c) for a statutory order of review—the application relates to a failure by an entity to make a decision to which the Judicial Review Act applies, and the person—
(i) appeared, or was given leave to appear, before the entity; and
(ii) would be directly affected by the relief sought in the application.
Note For an application for a statutory order of review, the title="A1989-33">Judicial Review Act
, s 12 (Application to be made a party to a proceeding) provides that a person interested in a decision, conduct or failure in relation to which an application has been made to the Supreme Court under that Act may apply to the Supreme Court to be made a party to the application.
(5) If the application relates to an order of a judicial officer of a court or member of a tribunal, the application must name as defendant the court or tribunal and not the judicial officer or member personally.
(6) The application must be accompanied by a supporting affidavit.
(7) The supporting affidavit must contain—
(a) the grounds relied on in support of the relief sought; and
(b) the facts relied on.
(8) If subrule (2) (b) applies, but has not been complied with, a ground mentioned in the subrule must not be relied on.
(9) If subrule (2) (c) applies, but has not been complied with, a ground mentioned in the subrule must not be relied on without the court's leave.