Administrative law – Judicial review – Exclusion of respondent from PhD candidature programme conducted by appellant – Where appellant is a body created by statute – Power of appellant to function as a university and to confer higher education awards derived from statute – Whether exclusion was a decision to which the Judicial Review Act 1991 (Q) applied – Whether exclusion was a decision made under an enactment – Relevance of nature of relationship subsisting between parties.
Words and phrases – "decision", "under an enactment", "of an administrative character", "required or authorised", "aggrieved by".
Judicial Review Act 1991 (Q) – ss 4, 5, 7(1)(a), 16(1), 20, 48.
Administrative Decisions (Judicial Review) Act 1977 (Cth) – ss 3, 5(1).
Griffith University Act 1998 (Q) – ss 5, 6, 8, 9, 11.
Judgment date
Case number
B19/2004
Before
Gleeson CJ, Gummow, Kirby, Callinan, Heydon JJ
Catchwords