Judicial review and merits review
AGS has an outstanding background in assisting Commonwealth agencies with administrative review and decision-making, including dispute resolution and litigation services. Our key specialists in this field are supported by a large national team of experts.
We assist agencies with the operation of all Commonwealth administrative law legislation including the Judiciary Act 1903, the Administrative Decisions (Judicial Review) Act 1977, the Administrative Appeals Tribunal Act 1975 , and related legislation affecting decision-making such as the Ombudsman Act 1976, the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
AGS has consistently been at the forefront of significant developments in administrative law in the Commonwealth. This has included taking a lead role in the Independent Merits Review migration caseload (in the wake of the High Court's decision in Plaintiff M61), the emerging area of energy regulation (such as ActewAGL Energy Distribution v Australian Energy Regulator) and review of decisions in a range of functions relevant to all agencies, including security assessments of agency personnel, workers' compensation and freedom of information.
We advise on the implications of administrative law principles, and ways to achieve regulatory objectives while managing legal and stakeholder risk arising from decision-making.
We represent agencies in merits and judicial review and appeals jurisdictions, and help them comply with the essential principles applying to the decision-making process including natural justice, jurisdictional error, reasonableness and flexible application of policy. We can also assist with claims of public-interest immunity, legal professional privilege and confidentiality.
Senior Executive Lawyer
T 02 6253 7240
Senior General Counsel
T 02 6253 7053
|Simon Daley PSM||Chief Solicitor Dispute Resolution||02 9581 7490|
|Paul Vermeesch||Deputy Chief Solicitor Dispute Resolution||02 6253 7428|
|Andras Markus||Special Counsel Dispute Resolution||02 9581 7472|
|Tom Howe PSM QC||Chief Counsel Dispute Resolution||02 6253 7415|
|Dale Watson||Special Counsel Dispute Resolution||02 9581 7660|
|Emily Nance||Senior Executive Lawyer||03 9242 1316|
|Leo Hardiman||Deputy General Counsel||02 6253 7074|