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THE IMPORTANCE OF TIME LIMITS

Fiona L. McKenzie, Barrister

If you do want to seek judicial review of a decision, you must be very careful to comply with any time limits. Although it is often possible to seek an extension of time it can be difficult to persuade a court to give you an extension, and you will need to show a good reason for your delay in seeking the judicial review.

ADJR Act: Application for review of a Commonwealth decision under the ADJR Act must be placed with the Court Registrar within 28 days of receipt of the terms of a decision (s.11(3)). This period can be extended either by making a valid request for reasons within 28 days of the decision, or by making an application for an extension to the Federal Court or Federal Magistrates Court.

Judiciary Act: There are generally no express time limits on an application under sections 39B or 75 of the Judiciary Act (although specific legislation may impose time limits); however, the court may dismiss your application if you unreasonably delay seeking judicial review.

SC (GCP) Rules: In Victoria, an application for review under Order 56 of the SC (GCP) Rules must be commenced within 60 days after the date that grounds for the grant of the relief or remedy claimed arose. This time limit may only be extended in "special circumstances" (Rule 56.02(3)).

ALA: The time limit under the ALA is shorter; a person must apply to the Supreme Court for review not later than 30 days after notice of the decision or the giving of reasons, whichever is later. The time cannot be extended.

THE IMPORTANCE OF TIME LIMITS :: Last updated: Thu Jul 1st 2010