Administrative & Public Law
When the decision was made by an agency.
At Matt and Zen we act on decisions made by government agencies, and on the processes that lead to them.
A decision is reviewed on how it was reached, not on whether a different decision-maker might have reached another one. That distinction decides most of what is worth doing, and it is the first thing we test.
Review is not the only route, and often not the best one. Reconsideration, a complaint, or an information request can be faster, cheaper and more likely to work.
Scope
We can assist with the following, and more.
Challenging a decision
- Assessing whether a decision is reviewable
- Judicial review
- Requests for reconsideration
- Statutory appeals where they exist
Other routes
- Complaints to the Ombudsman
- Official information requests
- Privacy requests and complaints
- Submissions before a decision is made
Process
- Deadlines, and what they do to your options
- Evidence and the decision record
- Costs and realistic prospects
Related
- Decisions affecting immigration status
- Decisions affecting a licence or an entitlement
- Agency conduct towards an organisation
Review
Review asks how the decision was made.
Judicial review looks at whether a decision was lawful, whether the process was fair, and whether the decision-maker took account of what they should have.
It does not usually ask whether the decision was right. A court that finds a flaw will often send the matter back to be decided again, by the same agency.
That matters when you are deciding whether to begin. We will tell you what a win would actually get you before you spend anything on it.
Questions
Frequently asked questions.
What is judicial review?
A challenge to how a decision was made rather than to the result. Lawfulness, fairness and whether the right things were considered.
Will I get the decision I wanted?
Often not directly. A successful review commonly sends the matter back to the agency to decide again, properly. Sometimes that changes the outcome and sometimes it does not.
Is there a time limit?
Yes, and it can be short. Delay is itself a reason a court may decline to hear a review, so check the position early.
Is there a cheaper option?
Frequently. Reconsideration, an Ombudsman complaint or an information request can resolve matters without proceedings. We look at those first.
Can I get the file behind the decision?
Often, through an official information or privacy request. What it shows usually decides whether a challenge is worth bringing.
Do you act against government agencies?
Yes, on administrative decisions and the processes behind them.