Letter · Administrative & Public Law

Letter before judicial review proceedings to a Commonwealth decision-maker (ADJR Act), with time-limit and genuine steps record

Pre-action letter to a Commonwealth agency identifying the decision, the errors alleged and the remedy sought, asking it to withdraw or remake the decision and preserve the record, with the ADJR 28-day period and the genuine steps statement in mind.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Commonwealth, Australia
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for Commonwealth and Australia.
Version
1
Source
Written for this library

When to use it

Use when a client wants to challenge a Commonwealth administrative decision in the Federal Court or the Federal Circuit and Family Court (Division 2) under the ADJR Act and there is time to write first. If the 28-day period is about to expire, file first and write afterwards. Check first whether merits review is available, because the court may decline relief where another avenue exists.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The lawyer writes the grounds and the demands; AI may build the chronology and the time-limit table from the decision letter and check names, dates and file references.

AI may

  • Build a dated chronology from the decision, the reasons and the correspondence, for the lawyer to check
  • Calculate the candidate 28-day dates under s 11(3) from the dates the decision and any reasons were furnished, for the lawyer to confirm
  • Check the decision-maker’s name, the statutory provision and the file references against the decision letter

AI must not

  • Must not identify or write the grounds of review, or characterise the decision as unlawful
  • Must not decide whether the decision is one to which the ADJR Act applies, or whether merits review is the better course
  • Must not send the letter or contact the agency

The lawyer checks

  • The decision is a decision of an administrative character made under an enactment, and is not excluded from the ADJR Act
  • The 28-day period has been calculated from the right event (decision with reasons, separate reasons, or a s 13 request) and diarised, and filing will not wait for a reply if time is short
  • Merits review options and any statutory bar have been considered, given s 10(2)(b)
  • The letter records steps that can be described in a genuine steps statement, unless the proceedings are excluded

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Administrative & Public Law

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