Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Administrative law covers the legal rules and processes that govern how government agencies, local councils and public officials make decisions. In Fairfield, which sits in New South Wales, administrative law issues commonly arise in relation to local council decisions, planning and development approvals, social services, licensing, regulatory enforcement and interactions with state and federal agencies. Administrative law provides routes to challenge, review or seek correction of decisions that affect your rights, interests or obligations.
The two main kinds of review are merits review and judicial review. Merits review looks at whether the correct or preferable decision should have been made and is often carried out by tribunals. Judicial review examines whether the decision-maker followed the law and proper procedures. Remedies vary from overturning a decision to ordering a re-consideration, awarding costs or, in limited circumstances, compensation.
Administrative matters can be technically complex and governed by strict time-limits and procedural rules. You may need a lawyer if you are dealing with any of the following situations:
- A council decision that affects your property rights, such as a development application refusal or a compliance notice.
- A regulatory penalty, fine or enforcement action from a state or federal regulator.
- Denial or termination of a government benefit, licence or permit where the consequences are significant.
- A dispute about how a government agency applied policy or discretion to your case, and you want to seek merits review.
- An urgent situation requiring interim relief, such as injunctive orders to prevent irreversible harm while a review is underway.
- You need help preparing an application to a tribunal or court, gathering evidence, drafting submissions, or negotiating with the decision-maker.
Even where you could pursue a review yourself, a lawyer experienced in administrative law can identify the best pathway, advise on chances of success, prepare arguments, and help meet procedural requirements within tight timeframes.
Key aspects of the local and state legal framework relevant in Fairfield include:
- Local government powers - Fairfield City Council makes many decisions about land use, development approvals, rates, local approvals and compliance notices under the Local Government Act and local environmental planning instruments. Council decisions often have internal review processes before external review is sought.
- Planning and development - Development applications, modification requests and enforcement matters are governed by the Environmental Planning and Assessment Act and local planning instruments. Appeals and challenges to planning decisions may be heard by the Land and Environment Court of New South Wales or, in some limited contexts, administrative tribunals.
- Tribunals - The New South Wales Civil and Administrative Tribunal (NCAT) conducts merits review and other hearings for a range of administrative matters including certain licences, tenancy disputes, guardianship and administrative disputes. NCAT is designed to be more accessible and less formal than courts.
- Judicial review - The Supreme Court of New South Wales supervises the exercise of public power through judicial review remedies, including orders such as certiorari, mandamus and prohibition. Judicial review focuses on legality rather than merits.
- Freedom of information and access to documents - In NSW, the Government Information Public Access (GIPA) system and related laws allow access to government-held information. Federal matters are covered by the Freedom of Information Act and the Office of the Australian Information Commissioner.
- Complaints and oversight - The NSW Ombudsman and other oversight agencies handle complaints about maladministration, misconduct and poor service by state and local agencies. Specialized regulators and federal agencies may also have internal complaint mechanisms.
- Time limits and procedural rules - Different statutes and tribunals impose specific deadlines for lodging review applications or appeals. These time-limits are often short, so prompt action is important.
Merits review reassesses the substance of a decision to decide what is the correct or preferable outcome. It is usually conducted by a tribunal such as NCAT. Judicial review looks at the lawfulness of the decision-making process - whether the decision-maker followed legal rules, had jurisdiction and acted without procedural unfairness. Judicial review is typically conducted by a court, such as the Supreme Court of New South Wales.
First check whether council provides an internal review or objection pathway. If that is not successful or available, determine whether the decision falls within the jurisdiction of NCAT, the Land and Environment Court or the Supreme Court. Time-limits and required forms vary depending on the type of decision, so get procedural advice early and gather all relevant documents, notices and council correspondence.
Time-limits depend on the statute and the forum handling the review. Some tribunal applications must be made within 28 days, while others may allow longer periods. Court proceedings often have strict limitation times as well. Because time-frames vary, seek legal advice promptly and act quickly when a decision is issued.
Legal Aid NSW provides assistance for certain administrative matters, but eligibility depends on the type of case, financial means and public interest considerations. Community legal centres may provide free or low-cost help for some administrative law issues. If you cannot get legal aid, you can speak to a private lawyer for a costs estimate or ask whether a limited scope or fixed fee service is available.
No, you are not required to have a lawyer to appear at NCAT or in court. Many people represent themselves. However, a lawyer can help with case strategy, evidence preparation, submissions and cross-examination. Complex matters or cases with significant consequences usually benefit from legal representation.
Possible outcomes include overturning the decision, ordering a re-hearing, substituting a different decision, quashing a decision for procedural error, or awarding costs in certain circumstances. Compensation is less common in administrative law and usually requires specific statutory bases or separate civil claims. Remedies depend on the forum and the grounds for review.
In NSW, you can use the Government Information Public Access process to request documents from state and local government agencies. If the matter involves a federal decision, the Freedom of Information framework applies. Agencies have set procedures for making requests and time-limits for responding. If refused, there are internal review and review pathways you can pursue.
Urgent or interim applications ask a tribunal or court to provide temporary orders while the main review is pending. Examples include injunctions to stop demolition, freeze enforcement action or preserve assets. Urgent relief requires showing there is a serious question to be tried and that the applicant would suffer irreparable harm if relief is not granted.
Costs vary depending on the forum, the complexity of the matter and whether you use private lawyers. NCAT can be lower cost than court, but fees and the potential for legal costs orders still apply. Courts may involve filing fees, hearing fees and professional fees. Ask for a written costs estimate and explore funding options such as legal aid, community legal centres, pro bono assistance or fixed-fee services.
Immediate steps include reading the decision carefully, noting any stated time-limits and the reasons for the decision, preserving all related documents and correspondence, and considering a request for internal review or clarification if available. Contact a lawyer or legal advice service as soon as possible to identify the appropriate review pathway and avoid missing deadlines.
Here are local and state resources that can help you navigate administrative matters in Fairfield:
- Fairfield City Council - the local council for services, permits, development applications and internal review processes.
- New South Wales Civil and Administrative Tribunal - conducts merits review and handles a range of administrative disputes across NSW.
- Land and Environment Court of New South Wales - specialist court for planning, environmental and land use matters.
- Supreme Court of New South Wales - deals with judicial review and supervisory remedies for public law decisions.
- NSW Ombudsman - accepts complaints about maladministration by state and local public agencies.
- NSW Information Commissioner and Government Information Public Access system - for access to government-held information in NSW.
- Office of the Australian Information Commissioner - for federal information access and privacy matters.
- Legal Aid NSW - provides advice and limited legal assistance for eligible clients.
- Local community legal centres - provide free or low-cost legal advice and assistance on administrative and other legal issues.
- Law Society of New South Wales - referral service to help you find a solicitor with the right experience.
If you think you need legal assistance with an administrative matter in Fairfield, follow these steps to move forward:
- Gather documents - collect the decision notice, all correspondence, application materials, notices and any evidence supporting your position.
- Note time-limits - check the decision for appeal or review deadlines and act quickly to preserve your options.
- Seek preliminary advice - contact Legal Aid NSW, a community legal centre or a private lawyer for an initial assessment and advice on likely pathways and costs.
- Consider informal resolution - sometimes a phone call to the decision-maker, a complaint or an internal review request will resolve the issue without formal proceedings.
- File the appropriate review or appeal - if a formal review is needed, prepare the necessary application or submissions and lodge them in the correct forum before the deadline.
- Prepare evidence and submissions - organise documents, statements and legal arguments. Consider negotiation, mediation or conciliation if these options are available.
- Seek urgent relief if required - if there is an immediate risk of irreversible harm, discuss options for urgent interim orders with a lawyer.
Taking prompt, informed steps will preserve your rights and improve your chances of a favourable outcome. If you are unsure where to start, reach out to local legal advice services for tailored guidance.
