The Approach of the Courts to the construction and application of time limit privative clauses

UTSePress Research/Manakin Repository

Search UTSePress Research


Advanced Search

Browse

My Account

Show simple item record

dc.contributor.author Ellis-Jones Ian en_US
dc.date.accessioned 2009-08-20T13:01:27Z
dc.date.available 2009-08-20T13:01:27Z
dc.date.issued 2006 en_US
dc.identifier 2006005490 en_US
dc.identifier.citation Ellis-Jones Ian 2006, 'The Approach of the Courts to the construction and application of time limit privative clauses', Thomson Law Book Co, vol. 11, no. 3, pp. 153-159. en_US
dc.identifier.issn 1324-1265 en_US
dc.identifier.other C1 en_US
dc.identifier.uri http://hdl.handle.net/10453/871
dc.description.abstract A time limit privative clause differs from other types of privative clauses in that it is analogous to a statute of limitations. By its very nature, this type of privative clause does not constitute an absolute bar to judicial review. Thus, there is not the same compulsion to construe the clause as strictly as is the case with other types of privative clauses. Subject to one important qualification (compliance with the well-known Hickman principle and any other "inviolable limitations or restraints" on the power), a time limit privative clause in a statute passed by a state legislature ordinarily will prevent judicial review once the time period has expired. Despite some earlier confusion, a much clearer and more predictable and consistent approach is now being taken by superior courts in the exercise of their inherent supervisory powers of judicial review of administrative decisions. In particular, it now seems beyond doubt that a failure to observe "inviolable limitations or restraints" is a jurisdictional error and, accordingly, not a "decision" under the relevant enactment even as regards a time limit privative clause expressed to prevent the questioning of "validity" of a decision which has been held to otherwise extend to ''purported decisions" as well as "decisions". en_US
dc.publisher Thomson Lawbook Company en_US
dc.relation.isbasedon 0 en_US
dc.title The Approach of the Courts to the construction and application of time limit privative clauses en_US
dc.parent Local Governement Law Journal en_US
dc.journal.volume 11 en_US
dc.journal.number 3 en_US
dc.publocation Sydney, Australia en_US
dc.identifier.startpage 153 en_US
dc.identifier.endpage 159 en_US
dc.cauo.name Law en_US


Files in this item

This item appears in the following Collection(s)

Show simple item record