Benchmark WA Industrial Relations Case Database

Judicial review grounds

doctrinal FED judicial_review_grounds branch: jurisdiction_constitutional

Synthesis · 561 tagged cases

561 tagged decisions (138 as primary). Of primary decisions, the most common outcome is '(unspecified)' (62, 45%).

Outcome distribution

Outcomen%
Resolved (unspecified) 62 45%
Against applicant dismissed 33 24%
For applicant granted 17 12%
Resolved partial 10 7%
Resolved other 8 6%
Resolved adjourned 3 2%
Against applicant dismissed_jurisdiction 2 1%
Resolved allowed 1 1%
Resolved stayed 1 1%
For applicant upheld 1 1%

By jurisdiction

Courtn
Fair Work Commission143
Single Commissioner (WAIRC)73
Fair Work Commission (Full Bench)62
Federal Court of Australia61
High Court of Australia36
Federal Court (Full Court)31
WA Court of Appeal25
Full Bench (WAIRC)25
Industrial Appeal Court19
Fair Work Australia (Full Bench, former)19
VSC9
NSWCA6
WA Supreme Court6
QSC5
AIRC Full Bench (former)5
Fair Work Australia (former)4
Industrial Magistrates Court4
Federal Circuit Court of Australia4
Federal Magistrates Court (former)3
?3
NSWSC2
ACTSC2
NSWIRComm2
Federal Circuit and Family Court (Div 2 General)2
FWAA1
VSCA1
TASSC1
NSWADTAP1
Australian Industrial Relations Commission (former)1
Commission in Court Session (WAIRC)1
SASCFC1
SASC1
IRCA1
Public Service Appeal Board (former)1

Key articulated principles · 12

para 3 — from [1999] FCA 1836 Federal Court
An administrative decision-maker under a duty to give reasons commits an error of law if it fails to give adequate reasons; however, when deficiencies in reasons manifest a failure to comply with a specific statutory obligation (as with s 170CG(3)(a)), this constitutes a jurisdictional error regardless of the general duty to give reasons.
para 105 — from [1999] FCA 1836 Federal Court
An administrative tribunal established by statute lacks authority to determine questions of law otherwise than in accordance with the law; any misdirection in law which causes the tribunal to identify a wrong issue, ask itself a wrong question, or ignore relevant material constitutes jurisdictional error that will invalidate the tribunal's decision.
para 9 — from [1936] HCA 40 High Court
The principles applicable to reviewing a discretionary decision made by an inferior court or administrative tribunal; error must be shown to affect the tribunal's exercise of power.
para 12 — from [1936] HCA 40 High Court
An exercise of discretion may be found to be erroneous where the decision-maker acted on a wrong principle, took into account irrelevant matters, mistook facts, or is manifestly wrong.
para 45 — from [2011] FCAFC 54 Federal Court — Full Court
A distinction remains in Australian law between jurisdictional error and error within jurisdiction; an error in the exercise of discretion committed to a tribunal is error within jurisdiction, not jurisdictional error.
para 14 — from [2010] FWAFB 9963 FWAFB
In statutory interpretation, the task is to ascertain the intention of the legislature as manifested by the text; context and the purpose or object underlying the legislation must always be considered; the text of a provision, read in context and having regard to the object and purpose, is the surest guide.
para 79 — from [2004] WASCA 114 WA Court of Appeal
An appeal under s 90(1)(b) will succeed where the Full Bench has made an error in the interpretation of the Act that affects its jurisdiction to grant relief, such as wrongly assuming it has no jurisdiction to award damages in relation to a contractual benefit claim.
para 42 — from [2014] HCA 32 High Court
The common law in Australia must evolve within the limits of judicial power and not trespass into the province of legislative action. The exercise of law-making function can only occur as an incident of adjudication of particular disputes, with reference to the web of established legal principle.
para 28 — from [2005] WASCA 244 WA Court of Appeal
The Public Service Arbitrator does not possess independent power to engage in 'judicial review' or to make bare declarations of illegality; however, in determining how to deal with an industrial matter, the Arbitrator may make factual findings suggesting unlawful conduct as a step in dealing with the industrial matter.
para 9 — from [1995] HCA 58 High Court
For an administrative tribunal, jurisdictional error occurs where an error of law causes it to identify a wrong issue, ask a wrong question, ignore relevant material, rely on irrelevant material, or reach a mistaken conclusion, and that error affects the tribunal's exercise or purported exercise of power.
para 53 — from [2006] WASCA 49 WA Court of Appeal
An appeal cannot be made on the ground of error in construction or interpretation of the Act where the Full Bench has merely applied law which it has correctly understood to the facts of an individual case. It is for the Full Bench to weigh the relevant facts in light of the applicable law.
para 9 — from [1986] HCA 54 High Court
An appellate court will not order a new trial if it would inevitably result in the making of the same order as the primary judge, as such an order would be a futility.

Leading cases · by citation count

CitationCourtRoleCited
[1999] FCA 1836 Federal Court primary 168
[2011] FCAFC 54 Federal Court — Full Court primary 44
[1985] HCA 81 High Court primary 35
[2007] FCA 388 Federal Court primary 22
[1995] HCA 58 High Court primary 22
[2018] FCAFC 77 Federal Court — Full Court primary 20
[2018] HCA 30 High Court primary 20
[2001] HCA 17 High Court primary 15

All tagged cases · 200

CitationCourtRoleDateOutcomeCited
[1999] FCA 1836 Federal Court primary 1999-01-01 Against applicant 168
[2011] FCAFC 54 Federal Court — Full Court primary 2011-04-19 Against applicant 44
[1985] HCA 81 High Court primary 1985-01-01 For applicant 35
[2007] FCA 388 Federal Court primary 2007-01-01 For applicant 22
[1995] HCA 58 High Court primary 1994-11-16 For applicant 22
[2018] FCAFC 77 Federal Court — Full Court primary 2018-05-25 Against applicant 20
[2018] HCA 30 High Court primary 2018-01-01 For applicant 20
[2001] HCA 17 High Court primary 2001-01-01 For applicant 15
[2004] FCAFC 16 Federal Court — Full Court primary 2004-01-01 Against applicant 11
[2010] HCA 1 High Court primary 2010-01-01 For applicant 10
[1991] HCA 33 High Court primary 1991-01-01 Resolved 10
[2001] HCA 30 High Court primary 2001-01-01 Resolved 9
[2002] HCA 11 High Court primary 2002-01-01 Against applicant 8
[1979] HCA 32 High Court primary 1979-01-01 For applicant 8
[2003] WASCA 284 WA Court of Appeal primary 2003-11-27 Resolved 7
[1991] HCA 25 High Court primary 1991-01-01 For applicant 7
[2012] FCAFC 65 Federal Court — Full Court primary 2012-05-10 Against applicant 6
[1993] HCA 28 High Court primary 1993-05-15 For applicant 6
[2013] FCA 4 Federal Court primary 2013-01-10 Against applicant 5
[1984] HCA 72 High Court primary 1984-01-01 Against applicant 5
[2013] FCAFC 157 Federal Court — Full Court primary 2013-12-13 Against applicant 4
[2011] FCAFC 155 Federal Court — Full Court primary 2011-12-02 Against applicant 4
[2011] HCA 2 High Court primary 2011-01-01 Resolved 4
[2010] NSWCA 252 NSWCA primary 2010-09-30 4
[2007] FCAFC 150 Federal Court — Full Court primary 2007-01-01 For applicant 4
[1998] FCA 1404 Federal Court primary 1998-01-01 For applicant 4
[2010] FCA 69 Federal Court primary 2010-02-12 Against applicant 3
[2024] WASCA 126 WA Court of Appeal primary 2024-10-09 Against applicant 2
[2010] WAIRC 937 WAIRC — Single Commissioner primary 2010-01-01 Against applicant 2
[1994] HCA 66 High Court primary 1994-01-01 Against applicant 2
[2026] FCA 432 Federal Court primary 2026-04-15 Resolved 1
[2026] FCA 305 Federal Court primary 2026-01-01 Against applicant 1
[2025] FCA 2 Federal Court primary 2025-01-01 Against applicant 1
[2024] WAIRC 436 WAIRC — Single Commissioner primary 2024-07-10 Resolved 1
[2024] WASCA 37 WA Court of Appeal primary 2024-04-17 Resolved 1
[2024] QSC 6 QSC primary 2023-04-12 1
[2023] WASC 12 WA Supreme Court primary 2023-01-31 Against applicant 1
[2022] WASC 401 WA Supreme Court primary 2022-12-01 Against applicant 1
[2021] FCA 1476 Federal Court primary 2021-11-24 Against applicant 1
[2019] FCA 1782 Federal Court primary 2019-11-01 Against applicant 1
[2019] FCA 1100 Federal Court primary 2019-07-15 For applicant 1
[2019] HCA 16 High Court primary 2019-01-01 For applicant 1
[2018] FCA 15 Federal Court primary 2018-01-01 Against applicant 1
[2017] VSC 773 VSC primary 2017-12-15 1
[2015] FCAFC 126 Federal Court — Full Court primary 2015-09-03 Against applicant 1
[2015] FCAFC 23 Federal Court — Full Court primary 2015-03-05 For applicant 1
[2012] FWAA 10420 FWAA primary 2012-12-20 1
[2011] FMCA 210 FMCA (former) primary 2011-01-01 Against applicant 1
[2026] NSWSC 172 NSWSC primary 2026-03-09 0
[2025] FWCFB 295 FWC — Full Bench primary 2025-12-24 0
[2025] WAIRC 00936 WAIRC — Single Commissioner primary 2025-11-25 Resolved 0
[2025] WAIRC 00730 WAIRC — Single Commissioner primary 2025-08-29 Resolved 0
[2025] FWCFB 79 FWC — Full Bench primary 2025-04-22 0
[2025] FWC 611 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 807 FWC primary 2025-01-01 Resolved 0
[2025] FWC 666 FWC primary 2025-01-01 Against applicant 0
[2025] FWC 3221 FWC primary 2025-01-01 Against applicant 0
[2024] WAIRC 928 WAIRC — Single Commissioner primary 2024-10-29 Resolved 0
[2024] FCA 1390 Federal Court primary 2024-01-01 Against applicant 0
[2024] FCA 1292 Federal Court primary 2024-01-01 Against applicant 0
[2024] VSC 145 VSC primary 2024-01-01 0
[2024] QSC 2 QSC primary 2024-01-01 0
[2024] FWC 2614 FWC primary 2024-01-01 0
[2023] VSC 624 VSC primary 2023-12-20 0
[2023] WAIRC 806 WAIRC — Single Commissioner primary 2023-10-10 Against applicant 0
[2022] FWCFB 210 FWC — Full Bench primary 2022-11-22 0
[2022] WAIRC 638 WAIRC — Single Commissioner primary 2022-08-29 Resolved 0
[2022] WASC 3 WA Supreme Court primary 2022-01-12 Resolved 0
[2022] NSWCA 16 NSWCA primary 2022-01-01 0
[2021] WAIRC 653 WAIRC — Single Commissioner primary 2021-12-22 Resolved 0
[2021] WAIRC 588 WAIRC — Single Commissioner primary 2021-11-23 Resolved 0
[2021] FWCFB 4970 FWC — Full Bench primary 2021-08-12 0
[2020] WAIRC 851 WAIRC — Single Commissioner primary 2020-10-14 Resolved 0
[2020] WAIRC 220 WAIRC — Single Commissioner primary 2020-04-20 Resolved 0
[2020] FWC 2995 FWC primary 2020-01-01 0
[2019] FWCFB 3864 FWC — Full Bench primary 2019-06-14 0
[2019] FWCFB 649 FWC — Full Bench primary 2019-02-12 0
[2019] VSC 6 VSC primary 2019-01-01 0
[2019] FWC 5373 FWC primary 2019-01-01 0
[2019] FWC 5374 FWC primary 2019-01-01 0
[2018] WAIRC 796 WAIRC — Single Commissioner primary 2018-10-10 Resolved 0
[2018] VSCA 252 VSCA primary 2018-10-04 0
[2018] FWCFB 5727 FWC — Full Bench primary 2018-09-11 0
[2018] WAIRC 429 Industrial Appeal Court primary 2018-07-18 Against applicant 0
[2018] FWCFB 3703 FWC — Full Bench primary 2018-06-25 0
[2018] WASCA 27 WA Court of Appeal primary 2018-03-14 Against applicant 0
[2018] FWC 295 FWC primary 2018-01-01 0
[2017] QSC 301 QSC primary 2017-12-11 0
[2016] FWCA 2028 FWC primary 2017-06-21 0
[2017] FWC 2591 FWC primary 2017-01-01 0
[2017] FWC 2646 FWC primary 2017-01-01 0
[2017] FWC 3389 FWC primary 2017-01-01 0
[2017] FWC 4349 FWC primary 2017-01-01 0
[2016] WAIRC 971 WAIRC — Single Commissioner primary 2016-12-28 Against applicant 0
[2016] WAIRC 780 WAIRC — Single Commissioner primary 2016-09-28 Resolved 0
[2016] FWCFB 3410 FWC — Full Bench primary 2016-05-31 0
[2016] FWCFB 288 FWC — Full Bench primary 2016-02-05 0
[2016] FWCFB 2480 FWC — Full Bench primary 2016-01-18 0
[2016] VSC 527 VSC primary 2016-01-01 0
[2016] VSC 385 VSC primary 2016-01-01 0
[2015] VSC 703 VSC primary 2015-12-11 0
[2015] FWCFB 6785 FWC — Full Bench primary 2015-10-16 0
[2015] WAIRC 885 WAIRC — Full Bench primary 2015-09-22 Against applicant 0
[2015] FWCFB 5228 FWC — Full Bench primary 2015-08-17 0
[2015] FWCFB 2835 FWC — Full Bench primary 2015-05-07 0
[2015] WAIRC 238 WAIRC — Single Commissioner primary 2015-03-13 Resolved 0
[2015] FWCFB 644 FWC — Full Bench primary 2015-02-11 0
[2015] WAIRC 133 WAIRC — Single Commissioner primary 2015-02-04 Resolved 0
[2015] VSC 374 VSC primary 2015-01-01 0
[2013] FWC 867 FWC primary 2013-10-10 0
[2014] FWCFB 5947 FWC — Full Bench primary 2013-06-03 0
[2012] FWAFB 6511 FWAFB primary 2012-06-05 0
[2011] FWAFB 8165 FWAFB primary 2011-11-16 0
[2011] QSC 319 QSC primary 2011-11-02 0
[2011] FWAFB 6251 FWAFB primary 2011-09-14 0
[2011] FWAFB 3377 FWAFB primary 2011-06-01 0
[2011] FWAFB 1077 FWAFB primary 2011-03-11 0
[2011] FWAFB 1078 FWAFB primary 2011-03-11 0
[2010] FWAFB 9413 FWAFB primary 2010-12-16 0
[2010] FWAFB 7401 FWAFB primary 2010-11-01 0
[2009] AIRCFB 571 AIRCFB primary 2009-07-07 0
[2008] AIRCFB 898 AIRCFB primary 2008-11-19 0
[2008] FMCA 811 FMCA (former) primary 2008-06-30 Resolved 0
[2008] AIRCFB 495 AIRCFB primary 2008-06-06 0
[2007] AIRCFB 782 AIRCFB primary 2007-09-18 0
[2007] FCAFC 64 Federal Court — Full Court primary 2007-01-01 For applicant 0
[2007] WAIRC 1039 WAIRC — Single Commissioner primary 2007-01-01 For applicant 0
[2006] AIRCFB 4 AIRCFB primary 2006-10-09 0
[2005] NSWSC 1129 NSWSC primary 2005-11-08 0
[2004] TASSC 28 TASSC primary 2004-03-29 0
[2003] NSWCA 151 NSWCA primary 2003-01-01 0
[2002] HCA 42 High Court primary 2002-01-01 For applicant 0
[1999] ACTSC 1 ACTSC primary 1999-01-01 0
[1998] FCA 1168 Federal Court primary 1998-09-17 Against applicant 0
(1998) 78 WAIG 290 Industrial Appeal Court primary 1997-11-14 Resolved 0
(1994) 74 WAIG Industrial Appeal Court primary 1993-06-09 For applicant 0
(1975) 55 WAIG Industrial Appeal Court primary 1975-01-01 0
[2026] WASC 247 ? primary Against applicant 0
[2018] FWCFB 901 FWC — Full Bench secondary 2018-02-16 For applicant 460
[2010] FWAFB 5343 FWAFB secondary 2010-07-23 Against applicant 72
[1964] HCA 69 High Court secondary 1964-01-01 Against applicant 63
[1989] FCA 369 Federal Court secondary 1989-01-01 For applicant 51
[2013] FCA 291 Federal Court secondary 2013-04-04 Resolved 45
[2011] FCA 975 Federal Court secondary 2011-08-25 Resolved 38
[2014] FWCFB 1973 FWC — Full Bench secondary 2014-03-26 Against applicant 28
[2025] HCA 29 High Court secondary 2025-01-01 Against applicant 26
[2005] WASCA 244 WA Court of Appeal secondary 2005-12-19 Resolved 25
[2012] FWA 7275 FWA (former) secondary 2012-08-31 Against applicant 24
[2003] FCAFC 180 Federal Court — Full Court secondary 2003-01-01 For applicant 24
[1992] HCA 66 High Court secondary 1992-01-01 Resolved 24
[2009] HCA 34 High Court secondary 2009-01-01 Resolved 23
[1986] HCA 54 High Court secondary 1986-09-23 Resolved 20
[2012] FWAFB 2206 FWAFB secondary 2012-04-12 Resolved 15
[2010] FWAFB 8753 FWAFB secondary 2010-11-12 Resolved 15
[2000] HCA 48 High Court secondary 2000-01-01 Against applicant 15
[2014] FWCFB 236 FWC — Full Bench secondary 2014-01-24 Resolved 14
[2007] WAIRC 568 WAIRC — Single Commissioner secondary 2007-06-28 Against applicant 14
[2000] HCA 40 High Court secondary 2000-08-03 Resolved 14
[2004] WASCA 312 WA Court of Appeal secondary 2004-12-22 Resolved 13
[2003] FCAFC 252 Federal Court — Full Court secondary 2003-11-13 For applicant 12
[1983] HCA 17 High Court secondary 1983-01-01 For applicant 12
[2017] HCA 53 High Court secondary 2017-01-01 Resolved 11
[2002] WASCA 241 WA Court of Appeal secondary 2002-09-03 Resolved 11
[2015] FCAFC 98 Federal Court — Full Court secondary 2015-07-17 For applicant 10
[2007] WASCA 261 WA Court of Appeal secondary 2007-11-28 Against applicant 10
[1976] HCA 39 High Court secondary 1976-01-01 For applicant 10
[2020] FCA 1290 Federal Court secondary 2020-09-07 Against applicant 9
[2015] WASCA 150 WA Court of Appeal secondary 2015-09-15 Against applicant 9
[2013] FCAFC 148 Federal Court — Full Court secondary 2013-12-06 Resolved 9
[2019] FCA 1827 Federal Court secondary 2019-11-07 For applicant 8
[2016] FCAFC 160 Federal Court — Full Court secondary 2016-11-29 Resolved 8
[2014] FWCFB 1476 FWC — Full Bench secondary 2014-04-03 For applicant 8
[2012] FCAFC 108 Federal Court — Full Court secondary 2012-08-14 Against applicant 8
[2011] FWAFB 5645 FWAFB secondary 2011-09-29 Against applicant 8
[2021] WAIRC 655 WAIRC — Full Bench secondary 2021-12-22 For applicant 7
[2018] FWCFB 1255 FWC — Full Bench secondary 2018-03-05 Against applicant 7
[2015] WASCA 195 WA Court of Appeal secondary 2015-09-23 Against applicant 7
[2015] FCAFC 16 Federal Court — Full Court secondary 2015-02-24 Against applicant 7
[2012] FWAFB 3206 FWAFB secondary 2012-05-31 Against applicant 7
[2009] WAIRC 668 WAIRC — Full Bench secondary 2009-01-01 Against applicant 7
[1987] HCA 63 High Court secondary 1987-12-16 For applicant 7
[1988] FCA 170 Federal Court secondary 1987-09-01 For applicant 7
[1963] HCA 41 High Court secondary 1963-01-01 Resolved 7
[2022] WAIRC 208 WAIRC — Single Commissioner secondary 2022-05-18 Against applicant 6
[2017] FCA 575 Federal Court secondary 2017-01-01 Against applicant 6
[2015] FWCFB 3337 FWC — Full Bench secondary 2015-05-15 For applicant 6
[2014] WASCA 186 WA Court of Appeal secondary 2014-10-20 Against applicant 6
[2012] FCA 764 Federal Court secondary 2012-07-19 Resolved 6
[2011] WASCA 168 WA Court of Appeal secondary 2011-08-08 Against applicant 6
2025 WAIRC 00146 WAIRC — Full Bench secondary 2025-03-07 Against applicant 5
[2022] FCA 1234 Federal Court secondary 2022-01-01 Resolved 5
[2021] WAIRC 190 WAIRC — Single Commissioner secondary 2021-07-07 Against applicant 5
[2019] WASCA 14 WA Court of Appeal secondary 2019-01-25 For applicant 5
[2014] FCAFC 8 Federal Court — Full Court secondary 2014-02-19 Against applicant 5
[2012] FCAFC 146 Federal Court — Full Court secondary 2012-10-24 Resolved 5
[2005] NSWCA 465 NSWCA secondary 2005-01-01 5
[2003] WASCA 45 WA Court of Appeal secondary 2003-01-01 Resolved 5
[2024] FWCFB 451 FWC — Full Bench secondary 2024-12-06 Against applicant 4
[2023] FCA 1063 Federal Court secondary 2023-01-01 Resolved 4
[2018] WAIRC 746 Industrial Magistrates Court secondary 2018-09-17 Against applicant 4