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Supreme Court Amendment Rules 2013

Delegated Legislation Committee (2001 - 2017)· 24 October 2013general_report

The WA Parliamentary Delegated Legislation Committee reviewed the Supreme Court Amendment Rules 2013, focusing on whether they were within the Supreme Court's power and appropriate for subsidiary legislation. The Committee found the rules, particularly those requiring 'adequate reasons' for administrative decisions, exceeded the Court's authority and encroached on substantive rights, conflicting with existing common law.

Impact

Administrative decision-makers, applicants for judicial review, and the broader legal community are affected. Disallowing the rules maintains the existing common law position, while allowing them would have potentially increased costs for applicants seeking reasons for decisions.

justicepublic_sectorSupreme Court Amendment Rules 2013delegated legislationjudicial reviewadministrative decisionsadequate reasonscommon lawseparation of powerspractice and procedureultra viresrule-making power

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