Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3560

    (1)     If—

        (a)     the relief sought in an application for prerogative relief is a certiorari order in relation to an order of an entity; and

        (b)     the court is satisfied that there are grounds for setting the order aside;

the court may, in addition to setting aside the order, remit the matter to the entity for further consideration, with any directions (including, for example, the setting of time limits for further consideration, and for preparatory steps in the further consideration) the court considers appropriate.

    (2)     If the relief sought in an application for prerogative relief is a certiorari order or prohibition order in relation to an order made in a proceeding, the court may—

        (a)     by order, suspend the operation of the order, either indefinitely or until further order of the court; or

        (b)     order a stay of the proceeding until—

              (i)     the application is decided; or

              (ii)     another time that the court orders.

Note     For statutory orders of review, see the title="A1989-33">Judicial Review Act

, s 16 (Stay of proceedings) and s 17 (Powers of Supreme Court in relation to applications for order of review).