Writing in 2004, Emeritus Professor Mark Aronson made the following comment about the Administrative Decisions (Judicial Review) Act 1977 (Cth):
“Perhaps with the benefit of hindsight, one might comment that any decision is to be regretted where it has the potential for increasing resort to the High Court’s original jurisdiction for want of any other forum.”
Should the Administrative Decisions (Judicial Review) Act be reformed to encompass the jurisdiction of the High Court under s 75(v) of the Constitution?
Evaluate in light of recent High Court cases concerning jurisdictional error and practical considerations.