Constitutional & writ matters
Public authority decisions, constitutional questions and writ proceedings. The first step is to understand the facts, the relevant documents and the stage your matter has reached.
Matters within this area
- Challenges to public authority action
- Writ proceedings
- Administrative decision review
What to bring
Bring the complete papers, including attachments and previous responses. Useful starting documents can include the following.
- The decision or order in question
- Representations and official responses
- A complete sequence of relevant dates
Questions before we speak
How do I arrange a conversation?
Call or email the office with your preferred time and a brief description of the subject. Arrange the discussion before sending sensitive documents.
Can you assess the likely result from a short message?
A meaningful assessment depends on the facts, complete documents, applicable law and procedural stage. A short message is a starting point for arranging that review.
Guides for this area
Browse all 20 guidesWhat does a High Court writ petition seek?
A writ petition invokes constitutional judicial review for an identified legal wrong. It is not a general substitute for every suit, appeal or administrative…
Public & WorkA writ petition and a statutory appeal
Identify the appeal or other remedy created by the governing statute before choosing constitutional proceedings. Writ review and an appeal on the merits serve…
Public & WorkAlternative remedies and exceptions in writ proceedings
The available statutory route and the claimed exception need a precise assessment. Merely describing an order as illegal does not automatically justify bypassing it.
Public & WorkMandamus and an alleged public duty
Identify the legal duty and the authority expected to perform it. A requested favour or disputed private promise is different from an enforceable public obligation.
Public & WorkCertiorari and a challenged decision
Identify the actual decision and the legal error said to justify judicial review. Disagreement with a result alone does not define the remedy.
Public & WorkProhibition and proceedings said to exceed authority
A challenge to ongoing proceedings requires identifying the body, its legal power and the alleged excess. An anticipated adverse result alone is not the same issue.