Originating application for judicial review (Form 66)

The ADJR Act lets a person aggrieved by a decision of an administrative character made under a Commonwealth enactment, or by related conduct or a failure to decide, apply to the Federal Court for an order of review. Section 11 requires the application to set out its grounds and, for a decision recorded in writing and given to the applicant, to be lodged within the prescribed 28-day period or any further time the Court allows. Rule 31.01 of the Federal Court Rules 2011 requires an originating application in Form 66, with details of any alleged fraud or bad faith, and allows it to be joined with a claim under section 39B of the Judiciary Act 1903 about the same subject matter. Rule 31.03 requires the applicant to file the terms of the decision or the statement of reasons, if held, and serve them within 5 days after filing.

When you need it

• You want the Federal Court to review a Commonwealth administrative decision, conduct, proposed conduct or failure to decide on legal grounds.
• You are within 28 days of being given the decision (or of the reasons, depending on s 11(3)), or you will also apply for an extension of time in Form 67 (r 31.02).
• Not for migration decisions, which are reviewed under the Migration Act 1958 (Form 70), and not for appeals on a question of law from a tribunal.

1. 1

   Heading and parties

   Insert the District Registry, Division and parties. Under ACLHR-1, applicants are named first, other parties to the proceeding before a tribunal next, and the tribunal or registrar last; individual tribunal members are not named.

2. 2

   Leave the hearing details to the Registry

   The Registry inserts the hearing time and place and any order abridging time for service.

3. 3

   What is to be reviewed

   Choose one of the four options: a decision, conduct, proposed conduct, or a failure to decide. Specify the decision or conduct and who made it.

4. 4

   Details of claim and grounds

   Explain why you are aggrieved, then set out the grounds of review in numbered paragraphs. If you allege fraud or bad faith, give the particulars (r 31.01(2)).

5. 5

   Orders sought

   State each order or declaration you seek, such as that the decision be set aside and remitted.

6. 6

   Address, service and signature

   Give your address for service, email and residential or business address, choose the service option and sign as Applicant or lawyer.

• Lodge within the period in s 11(3) of the ADJR Act: generally 28 days after the decision (or the reasons) is furnished to you. Late applications need an extension of time application in Form 67 with an affidavit and draft application (r 31.02). A filing fee applies - check the Court's current fee schedule.
• File with the application, or as soon as practicable after, the terms of the decision or any statement of reasons you hold, and serve them on each other party within 5 days after filing (r 31.03).
• Serve the application and accompanying documents personally on each respondent as soon as practicable and at least 5 days before the first hearing, unless the Court shortens time (r 8.06).
• A respondent who objects to competency must file a notice of objection in Form 68 within 14 days after being served (r 31.05).

• Ask for a statement of reasons under s 13 of the ADJR Act early, if you have not received one. The timing of reasons can affect when the 28 days ends.
• Under ACLHR-1, reasons for the decision should be filed with the application if you have them; otherwise the respondent files them within 10 business days of service.
• You may rely on grounds not set out in the application only if the Court directs an amendment (s 11(6)), so state all your grounds at the start.