Assignment Task:
Task:
CASE STUDY INSTRUCTIONS
Pre-seen case study & short answers
Please read the attached the case of Tutos -v-The State of Victoria[2018] VSC 23 and the associated Appeal State of Victoria -v-Marius Lucian[2018] VSCA 213 (attached)
There is no designated word limit in this assessment, but submissions should be no more than 5 pages.
Question 1.
With reference to the above cases, please provide a concise summary of:
(a)the facts in the case;
(b)the litigation history, including the all levels of the dispute;
(c) the final outcome of each of the cases;
(d) the ratio decidendi of the Supreme Court and the Victorian Court of Appeal decision. (5+5+5+5= 20Marks)
Question 2.
With reference to the Administrative Law Act 1978 (“ADLA”),
(a)
(i) What remedies were sought by the complainant?
(ii) What sections of the ADLA provided the Supreme Court and the Court of Appeal with power to order those remedies?Continued over page
(b)
Using the definition of Tribunal in the ADLA, what bodies and persons in these cases were “Tribunals”?
(c)
Was the complainant a “person affected” and why?
(d)
What is interim relief and in what circumstances and by whom may it be ordered?
(2+2+2+2=2 =10 Marks)
Question 3.
(a)
What is the difference between merits review and judicial review? You must provide statutory and case references in your answer.
(b)
What is a Statement of Reasons, and under what provision of which enactments is a statement of reasons required. You answer must include references to the relevant Victorian and Commonwealth Statutes.
(c)
What does “standing” mean in the context of Administrative law? Who might have standing to apply for Judicial Review or Merits review?
Continued over page
(d)
(i) What time limits apply to a Judicial Review Application at State and Commonwealth level? Give statutory references in your answer
(ii) What time limits apply to a Merits Review Application at State and Commonwealth level. Provide statutory references in your answers.
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