Judicial review enables a person aggrieved by an administrative decision (or refusal to make a decision, or action, or inaction) to seek review by a court of the lawfulness of that decision.

The court will not review a decision in order to determine whether or not it was the right decision to make (this would be a "review on the merits"). The court will only review a decision so as to determine whether it was a lawful decision (i.e. whether it was within the power of the decision-maker). (For an explanation of the difference between judicial review and merits review, see: Chapter 21*1 Administrative Law.)

If the court finds that the decision was not a lawful decision, it may set aside that decision. Normally, the court will then remit the decision back to the original decision-maker to be made again. (Research shows that the fresh decision is often more favourable to an applicant than the first decision which was set aside.)

Judicial review is a complicated and specialist area of law. You should consider seeking legal advice before commencing any judicial review proceeding. Judicial review must normally be sought in a superior court, such as the Victorian Supreme Court, the Federal Court of Australia or even the High Court.

Before you commence a proceeding seeking judicial review you will need to: