Local Government Law

Judicial Review

We have been involved in all aspects of this work since commencement of the Judicial Review Act 1991(Qld).

In particular, we regularly provide our local government and commercial clients with:

  • advice on this Act, including as to the validity of requests for Statements of Reasons and assistance in the preparation of Statements of Reasons; and
  • representation in contested judicial review proceedings before the Supreme Court of Queensland.

The range of judicial proceedings in which we have acted is extensive, including:

  • challenges involving complex legal questions such as the inter-relationship of judicial review and town planning appeals, the election of Councillors and decisions by returning officers;
  • defending challenges against local government decisions relating to: notices of intention to resume and the final decision to resume, the award of tendered contracts, the installation of grids in roads, the dredging of canals, the adoption of town planning schemes; and the exercise of enterprise powers;
  • applications to compel the State Government to provide Statements of Reasons in relation to decisions that adversely affect both our local government and commercial clients;
  • challenges against State Government decisions relating to: granting gaming machine licences, issuing combined valuations of land the allocation of assets following the de-amalgamation of a local government.

Defending judicial review challenges alleging the unlawful use of a Council’s revenue raising powers forms a significant part of our judicial review practice. Over many years we have enjoyed repeated success in defending the most significant of these challenges brought in Queensland, including challenges to Council decisions about the levy of differential general rates, minimum general rates, special rates, utility charges and cost recovery fees.  Councils we have acted for in these types of challenges include the City of Gold Coast, Western Downs Regional Council, Burdekin Shire Council, Whitsunday Regional Council, Mount Isa City Council, Somerset Regional Council, South Burnett Regional Council and the Mackay Regional Council. 

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