Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(QldJRA s 47 (3) and (4); SA r 98.05 (4) and (5) and r 98.11 (3) and (4))
(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.
Note An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(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 Judicial Review Act , s 16 (Stay of proceedings) and s 17 (Powers of Supreme Court in relation to applications for order of review).