Application for Judicial Review (Form 67A)

Order 56 of the Rules of the Supreme Court 1971 (WA) governs judicial review. To make an application a person must file Form 67A (O 56 r 2(1)). One application may seek one or more writs (certiorari, mandamus, prohibition, procedendo or quo warranto), a declaration or injunction, or an order having the same effect as a writ (r 2(2)). The application must state its grounds and the applicant's geographical address and service details (r 2(3) and (3A)). The limitation period is generally 6 months after the decision was made or the conduct occurred, or after the applicant became aware of it if later, unless a written law sets a different period (r 1).

When you need it

• You want the Supreme Court to review a decision or conduct that it can review under the common law or in equity by way of a writ, declaration or injunction (the definitions of reviewable decision and reviewable conduct in O 56 r 1).
• You are seeking to quash a decision (certiorari), compel a decision-maker to act (mandamus) or stop a tribunal acting beyond power (prohibition).
• You are outside the 6-month limitation period and need to apply for leave to proceed (r 2(4)).
• You only want an information of quo warranto without judicial review. That is made ex parte by originating motion instead (r 34A).

1. 1

   Name the parties

   Enter the applicant. The respondent is the person whose decision or conduct is to be reviewed (note 1): give their name and office. List any other parties, such as the other parties to the proceedings in which the decision was made.

2. 2

   Describe the decision or conduct

   Give the date, where it was made or occurred, the written law governing it, and a description of the decision or conduct.

3. 3

   Tick the remedies

   Tick one or more of the writs, a declaration, an injunction, or an order with the same effect as a writ, and set out that order if you tick the last box (note 2).

4. 4

   Set out the grounds

   List the grounds in numbered paragraphs. The application must state the grounds on which it is made (r 2(3)).

5. 5

   Late application box

   Tick it only if the application is outside the limitation period. You must also file an affidavit explaining why the application was not made in time (r 2(4)).

6. 6

   Give contact and service details

   Provide the applicant's geographical address unless the Court orders otherwise, the lawyer's name and business address if represented, or tick "intention to act in person". A postal address for service and telephone number must be given (the lawyer's if represented); email and fax are optional (notes 4 to 8).

7. 7

   Sign and date

   The applicant or the applicant's lawyer signs and dates the form.

• File the application electronically through the ECMS on the eCourts Portal, unless an exemption applies or the Principal Registrar permits another method (O 67A r 3).
• A filing fee applies - check the current General Division fee schedule.
• After filing, serve the application personally on the person who made the decision or engaged in the conduct, and on anyone who was a party to the proceedings in which it happened (O 56 r 3).
• A person served may enter an appearance under Order 12, or file and serve a notice that they will not take part and will accept any order other than as to costs (O 56 r 4).
• For mandamus, the applicant must state by affidavit that the application is made at their instance; for a corporation, an officer or agent states that (O 56 r 15).

• Diarise the 6-month limit from the decision date, or from when you became aware of it if later. Check whether the statute under which the decision was made sets a different period (O 56 r 1).
• Discovery and interrogatories are not available unless the Court gives leave (O 56 r 6).
• The Court can refuse all or part of an application that has no reasonable prospect of succeeding (O 56 r 5(2)(j)), so state the grounds precisely.
• The Court's forms page lists this form as "Form 67 - Application for Judicial Review", but in the rules Form 67 is the writ of certiorari. The application is Form 67A.