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Administrative & Constitutional

6. A Typical Hearing Day

Firm / Chambers:
Last updated: 20 Jun 2015

&6. A Typical Hearing Day middot;         Administrative law can cover a vast range of subject areas and statutes. The way that government decisions can be effectively resolved will vary depending upon the particular agency, department or officer involved.

·         At the internal review stage the decision might in fact be heard simply ‘on the papers.’ This means that the decision maker (often called a ‘review officer’) will take the original decision, the law and any written submissions into consideration and then will make a decision.

·         Early stage external review might provide the possibility to present submissions orally to the tribunal member or review officer. This can sometimes be over the telephone or face-to-face. In many circumstances this will be very informal and will sometimes be called the ‘right of appearance.’

·         If progressing to a higher level such as a generalist state tribunal the process tends to remain somewhat informal compared to ‘judge’ courts. Again the idea behind modern administrative law is to make things as fair and uncomplicated as possible. Most times the person or people that you are talking to will let you know what to call them (usually ‘Mr’ or ‘Mrs’ sometimes ‘member’). Everybody involved will have a chance to talk. The usual standards of politeness will apply in terms of the opportunity to present your case. You will not help your case if you appear aggressive, sarcastic or rude.

·         In terms of preparation make sure that you or your lawyer has everything that is relevant to the government decision.

o   It is vital before attending a tribunal to be open about all circumstances surrounding the case so that your lawyer can put the best arguments forward.

o   If attending the tribunal by yourself make sure that you have all original documents with you even if copies were previously given to the department.

o   Write a basic dot-point summary of the reasons why you want the decision overturned.

o   Avoid personal comments and present your issues as plainly as possible.

o   Many tribunals are constrained by time and it is important to get your significant points across clearly.

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