Administrative Law

State and Commonwealth legislations often enable persons, against whom an administrative decision is made, to:

  • object to that decision and seek an internal review of the decision; and/or
  • appeal the original decision or an adverse review of the decision to a number of tribunals given jurisdiction to review the merits of such decisions.

For example, these decisions could involve:

  • town planning decisions by Local and State government authorities;
  • decisions with respect to the naming of businesses by the Australian Securities and Investments Commission; or
  • decisions by the Australian Taxation Office or the West Australian Office of State Revenue with respect to the assessment and levying of taxation.

A tribunal conducting a merits review often stands in place of the decision maker and considers whether the best decision was made. However, the relevant tribunal needs to be conferred with the power to review that decision by its own enabling legislation or the legislation applicable to the decision.

It may also be possible to seek a judicial review of the decision though the court system if an error of law was made in making the decision.

Rowe Bristol Lawyers is experienced in advising and representing clients with respect to administrative law matters, including:

  • liaising with Local, State and Commonwealth authorities to set out clients’ positions with respect to administrative decisions;
  • drafting and lodgement of objections to decisions of State and Commonwealth governments;
  • providing advice as to the prospects of a successful appeal of an adverse administrative decision; and
  • representing the client with respect to appealing adverse administrative decisions.

If you require legal advice in relation to any administrative law matters, please contact us to arrange a meeting so that we may consider your specific circumstances.

The above information is provided as general information only and should not be relied upon as legal advice. The accuracy of this information may have changed from the date when it was published.