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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.

  Justin Davidson Senior Executive Lawyer 02 6253 7240
  Damian Page Deputy Chief General Counsel 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 Chief General Counsel 02 6253 7074