NSW UCPR [Form 85] Summons ➲ Judicial Review

When is a NSW UCPR [Form 85] Summons ➲ Judicial Review used?

See UCPR 6.2, 59.1 and 59.4 for more information.

This [Form 85] is used to commence proceedings for Judicial Review for:

✅ Proceedings under section 65 and 69 of the Supreme Court Act 1970 (NSW); and

✅ Other proceedings in the supervisory jurisdiction of the Supreme Court; and

✅ Proceedings for or in the nature of judicial review in the Class 4 or Class 8 jurisdiction of the Land and Environment Court.

Mandatory Content of Summons

A [Form 85] Summons ➲ Judicial Review MUST state:

⚖️ The orders sought;

⚖️ If there is a decision in respect of which relief is sought, the identity of the decision-maker;

⚖️ The terms of the decision to be reviewed;

⚖️ Whether relief is sought in relation to the whole of the decision or only a part of the decision and, if only a part, which part; and

⚖️ Specify the grounds on which the relief is sought.

The decision-maker below should not be a party to this [Form 85] Summons ➲ Judicial Review.

The parties should be the same as in the Court or Tribunal.

Procedural Rules

The procedural rules for judicial review are contained in Part 59 of the UCPR.

Time Limits

See UCPR 59.10 for more information.

⚖️ You MUST file this [Form 85] Summons ➲ Judicial Review of a Decision

(1) Within 3 months of the date of the decision.

(2) The court may, at any time, extend the time for commencing proceedings fixed by subrule (1).

(3) In considering whether to extend time under subrule (2), the court should take account of such factors as are relevant in the circumstances of the particular case, including the following--

(a) any particular interest of the plaintiff in challenging the decision,

(b) possible prejudice to other persons caused by the passage of time, if the relief were to be granted, including but not limited to prejudice to parties to the proceedings,

(c) the time at which the plaintiff became or, by exercising reasonable diligence, should have become aware of the decision,

(d) any relevant public interest.

(4) This rule does not apply to proceedings in which there is a statutory limitation period for commencing the proceedings.

(5) This rule does not apply to any proceedings in which the setting aside of a decision is not required.

Time Limit Example

For example, if the material date is 1 December 2007, then you MUST file the this [Form 85] Summons ➲ Judicial Review by 2 March 2008, but as that is a Sunday, then filing the originating process by Monday 3 March 2008 would be acceptable (see UCPR 1.11 - Reckoning of Time).

Extensions of Time

An application for an extension of time MUST form part of this [Form 85] Summons ➲ Judicial Review.

Orders Sought

You MUST identify the orders made by the court below which are the subject of challenge.

Appeals are brought from orders, not from the reasons of the court below.

You MUST identify the orders you want set aside or varied and the orders you seek in their place.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;

✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;

Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.

Legal Advice Recommended

The preparation of a Summons ➲ Judicial Review may have potential legal and legal cost implications.

In short, due to the complexities involved:

➲ We recommend you contact our legal team to obtain legal advice and guidance.

Important Notes:

The party filing this Form is required to serve a copy of the filed Form together with all other filed documents on all other parties to the proceeding.