Steps to follow
Judicial review - civil
1. You can apply for a judicial review by filing a Form 54 - Application for statutory order of review (UCPR) (, ).
A statutory order of review is an order made on an application to the court in relation to:
- an administrative decision
- conduct engaged in for the purpose of making a decision
- a failure to make a decision.
2. If your request for a written statement of reasons for a particular decision is ignored you can file a Form 55 – Application relating to statement of reasons (UCPR) (, ).
However, if the decision-maker doesn’t believe your request is appropriate they can apply to the court for an order declaring that you are not entitled to make the request.
If you think the statement of reasons does not adequately explain the reasons for the decision you can apply to the court for an order against the decision-maker.
3. To apply for a prerogative order or injunction that provides particular remedies for different administrative decisions you need to lodge a Form 56 – Application for review (UCPR) (, ).
When considering your application the court will consider:
- the matters that you are seeking relief from
- who you are seeking relief from.
Unless the court decides otherwise, you should apply for a review as soon as possible and within three months of the day the dispute arose.
All applications should be supported by the relevant material on Form 46 – Affidavit (UCPR) (, )