The ""jurisdictional fact doctrine"" in New South Wales local government and environmental planning law

Ellis-Jones, I

The ""jurisdictional fact doctrine"" in New South Wales local government and environmental planning law

Ellis-Jones, I

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Publisher:: Thomson Lawbook Company
Publication Type:: Journal Article
Citation:: Ellis-Jones Ian 2006, 'The "jurisdictional fact doctrine" in New South Wales local government and environmental planning law', Thomson Lawbook Co., vol. 12, no. 1, pp. 16-35.
Issue Date:: 2006

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Field	Value	Language
dc.contributor.author	Ellis-Jones, I	en_US
dc.date.accessioned	2009-08-20T13:01:28Z
dc.date.available	2009-08-20T13:01:28Z
dc.date.issued	2006	en_US
dc.identifier	2006005493	en_US
dc.identifier.citation	Ellis-Jones Ian 2006, 'The "jurisdictional fact doctrine" in New South Wales local government and environmental planning law', Thomson Lawbook Co., vol. 12, no. 1, pp. 16-35.	en_US
dc.identifier.issn	1324-1265	en_US
dc.identifier.other	C1	en_US
dc.identifier.uri	http://hdl.handle.net/10453/881
dc.description.abstract	Errors made with respect to jurisdictional matters, including errors made with respect to so-called 'Jurisdictional facts", are reviewable for 'Jurisdictional error". A jurisdictional fact is some fact or fact situation which must exist in fact as a condition precedent or essential prerequisite for the primary decision-maker to exercise its jurisdiction. Over the past 15 years New South Wales superior courts have increasingly applied the so-called 'Jurisdictional fact doctrine" in local government and environmental planning law cases. This article discusses a number of important judicial authorities and seeks to identify what the key elements or indicators of the presence of a jurisdictional fact situation in a particular statutory formulation are. They include: the interrelated elements of "objectivity" and "essentiality"; the purpose of the formulation in the overall legislative scheme; the inconvenience, if any, that may arise from the fact situation being held to be jurisdictional; whether the fact situation occurs or arises as a matter for consideration or as a matter to be ultimately adjudicated upon by the tribunal of fact; whether the fact situation occurs or arises in the actual formulation of the grant of substantive power to the tribunal of fact to make the ultimate decision on the merits; and whether the fact situation occurs or arises in a formulation requiring the formation by the tribunal of fact of a specified mental state. Ultimately, it is an issue of statutory construction and legislative intention, with the reviewing court having the final say, at least on those matters.	en_US
dc.publisher	Thomson Lawbook Company	en_US
dc.relation.ispartof	Local Government Law Journal	en_US
dc.relation.isbasedon	0	en_US
dc.title	The ""jurisdictional fact doctrine"" in New South Wales local government and environmental planning law	en_US
dc.type	Journal article
utslib.citation.volume	12	en_US
utslib.citation.number	1	en_US
utslib.location	Sydney, Australia	en_US
utslib.citation.startpage	16	en_US
utslib.citation.endpage	35	en_US
utslib.identifier.org	Law	en_US
utslib.copyright.status	closed_access

Abstract:

Errors made with respect to jurisdictional matters, including errors made with respect to so-called 'Jurisdictional facts", are reviewable for 'Jurisdictional error". A jurisdictional fact is some fact or fact situation which must exist in fact as a condition precedent or essential prerequisite for the primary decision-maker to exercise its jurisdiction. Over the past 15 years New South Wales superior courts have increasingly applied the so-called 'Jurisdictional fact doctrine" in local government and environmental planning law cases. This article discusses a number of important judicial authorities and seeks to identify what the key elements or indicators of the presence of a jurisdictional fact situation in a particular statutory formulation are. They include: the interrelated elements of "objectivity" and "essentiality"; the purpose of the formulation in the overall legislative scheme; the inconvenience, if any, that may arise from the fact situation being held to be jurisdictional; whether the fact situation occurs or arises as a matter for consideration or as a matter to be ultimately adjudicated upon by the tribunal of fact; whether the fact situation occurs or arises in the actual formulation of the grant of substantive power to the tribunal of fact to make the ultimate decision on the merits; and whether the fact situation occurs or arises in a formulation requiring the formation by the tribunal of fact of a specified mental state. Ultimately, it is an issue of statutory construction and legislative intention, with the reviewing court having the final say, at least on those matters.

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http://hdl.handle.net/10453/881