You question the legality of a government decision
An unfavourable decision is not necessarily an unlawful one. Judicial review examines legal validity. We assess the alleged error, the governing legislation and whether the relief available would address the practical problem.
- Jurisdiction
- New South Wales
- Page type
- Issue overview
- Timing
- Time-sensitive
On this page
This page may be relevant if:
- You question the authority's power to make a decision
- You are concerned about the process or material considered
- You need to distinguish a legal challenge from a merits appeal
What this usually means
- Potential grounds depend on the statutory scheme and may concern power, procedural fairness, required considerations or purpose. The decision and record need close examination.
- A court may set aside a decision and require reconsideration. That does not necessarily secure an approval or prevent the decision-maker reaching the same result lawfully.
- Compensation requires a separate legal basis. Commencing a challenge should not be treated as permission to disregard an operative decision.
What commonly matters
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The alleged error
Identify the legal requirement and the evidence of departure from it. Disagreement with the weight given to an issue is not, by itself, proof of legal error.
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Useful relief
Ask what an order would change in practice. A fresh decision may still involve further assessment, expense and uncertainty.
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Procedure and costs
Confirm the forum, standing and applicable time limit. Consider interim relief separately, together with legal costs and possible adverse costs orders.
How we help
- Assess proposed judicial review grounds and remedies
- Review the decision record and prepare proceedings
- Advise on settlement and the practical value of relief
This page is general information only and is not legal advice. It may not be current, and how the law applies depends on the specific facts. For advice on your situation, contact Stone & Pillar Legal.
Related situations
- Council & regulatory You want a government decision reconsidered An overview of NSW internal review, merits review and judicial review: identifying the decision, available forum, evidence, deadlines and litigation risks.
- Council & regulatory A decision may take effect before your challenge is heard NSW stays and interim orders in land and regulatory disputes: immediate consequences, evidence, the underlying proceedings and costs risks.
- Council & regulatory You need the reasons or records behind a decision NSW government information and reasons requests: identifying useful records, GIPA access pathways, statutory limits and related review deadlines.
Where to start
Discuss judicial review
Describe the decision and the process you question. We can discuss whether an initial review of legal validity and available relief would assist.
30 minutes · Phone or Teams · No charge
Complimentary 30-minute preliminary call. No legal advice is provided. Neither booking nor the call engages the firm; we act only once we confirm in writing. Tell us any deadline or response date; it remains your responsibility until we confirm in writing that we act for you.