Application for Judicial Review — Originating Application (ADJR Act / s39B Judiciary Act)

Issuing authority

Federal Court of Australia / Federal Circuit and Family Court of Australia

Official source

How to apply

1. Identify the administrative decision or conduct you wish to challenge and confirm it is a decision made under a Commonwealth enactment (required for ADJR Act), or engage s39B Judiciary Act grounds for constitutional writs.
2. Request a statement of reasons from the decision-maker if not already provided (this may restart the 28-day filing deadline).
3. Download and complete Form 66 — Originating Application for Judicial Review from the Federal Court website (fedcourt.gov.au) or the equivalent form from the Federal Circuit and Family Court (fcfcoa.gov.au).
4. Prepare a supporting affidavit and attach a copy of the decision (and reasons) you are seeking to have reviewed.
5. File the originating application, affidavit, and decision documents at the Federal Court or FCFCOA registry within 28 days of being notified of the decision or reasons (whichever is later).
6. Pay the filing fee — approximately $2,335 for individuals / $5,040 for corporations (effective 1 July 2025); concession exemptions available.
7. Within 5 days of filing, serve a copy of all filed documents on each respondent (typically the decision-maker and the Commonwealth).
8. Attend the Administrative and Constitutional Law and Human Rights (ACLHR) National Practice Area directions hearing when notified by the court.
9. If urgent, apply for interlocutory injunction or stay of the decision at the time of filing.

Related topics

Related forms

• Statutory Declaration
• Small Claims — Magistrates Court
• Subpoena (Court Order for Documents or Witness)
• Application for Urgent Injunction
• Coroner's Inquest — Request for Investigation