Last updated 29 July 2016
A person wishing to obtain judicial review of a state government action must bring proceedings in the Supreme Court under the Judicial Review Act 1991 (Qld) (Judicial Review Act). In a sense, the Judicial Review Act adopts, with some modification, the Commonwealth Administrative Decisions (Judicial Review) Act 1977 (Cth). Both Acts provide a simple and straightforward procedure to be followed and substitute simpler statutory remedies for the many different and complicated remedies that existed at common law.
Part 3 of the Judicial Review Act allows people to apply for a statutory order of review. Under pt 4, an intending applicant for statutory review is entitled to obtain reasons (with some exceptions) for any decision that they propose to challenge.
In order for an applicant to seek review under pt 3 for a statutory order of review, there are certain jurisdictional requirements that have to be satisfied (see What government actions may be challenged below). When pt 3 does not apply, pt 5 of the Judicial Review Act sets out the requirements for making an application, using what are essentially the traditional common law and equitable remedies.