LLB230 Lecture Notes - Lecture 8: Joinder, Australian Human Rights Commission, Floodgate
Week Eight: Judicial Review: Standing
What is Standing?
The right to commence legal proceedings in a court or tribunal
Interest required. 'Locus standi'
COMMON LAW TESTS
The following cases outline the core principles of standing in the common law.
There is no singular 'standing test'.
'ACF'
oIssue: Did ACF have standing to seek a declaration & injunction to
prevent a decision to approve a tourist resort without complying with
the environmental impact process?
oPrinciple: No. Standing requires a 'special interest in the subject
matter’ (more than a 'mere emotional or intellectual concern')
oFINDING: ACF did not have a special interest despite its objectives
relating to environmental protection, the fact that it had made
submissions and that some of its members may have had an individual
interest in the matter.
'Onus'
oIssue: Did a group of indigenous Australians have standing to
challenge a decision to allow an aluminium smelter on land that
contained some of its relics?
oPrinciple: Yes. The group had an interest in the matter that was
greater than other members of the public (custodians of the relics,
having cultural & spiritual importance & used for education purposes)
'Shop distributive'
oIssue: Did a union representing retail workers have standing to
challenge a decision to extend trading hours?
oPrinciple: yes. Any alteration of trading hours necessarily affects the
terms of the workers' employment. Therefore, the union has a special
interest in the subject matter.
Remedies
In most 'standing cases' the remedy being sought are equitable remedies,
which are injunctions or declarations.
Whilst the standing tests may differ according to the remedy sought, these
core principles are relevant to all the remedies.
STATUTORY TESTS FOR STANDING - THE AAT
Merits review:
Administrative Appeals Act 1975 (Cth) s 27(1)
o(1) Where this Act or any other enactment (other than the Australian
Security Intelligence Organisation Act 1979) provides that an
application may be made to the Tribunal for a review of a decision, the
application may be made by or on behalf of any person or persons
(including the Commonwealth or an authority of the Commonwealth or
Norfolk Island or an authority of Norfolk Island) whose interests are
affected by the decision.
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Document Summary
The right to commence legal proceedings in a court or tribunal. The following cases outline the core principles of standing in the common law. "acf: issue: did acf have standing to seek a declaration & injunction to prevent a decision to approve a tourist resort without complying with the environmental impact process, principle: no. "onus: issue: did a group of indigenous australians have standing to challenge a decision to allow an aluminium smelter on land that contained some of its relics, principle: yes. The group had an interest in the matter that was greater than other members of the public (custodians of the relics, having cultural & spiritual importance & used for education purposes) "shop distributive: issue: did a union representing retail workers have standing to challenge a decision to extend trading hours, principle: yes. Any alteration of trading hours necessarily affects the terms of the workers" employment. Therefore, the union has a special interest in the subject matter.
