Chapter 4
Relationship to public law

Judicial review proceedings

4.2Placing criminal proceedings to one side, the Crown Proceedings Act contrasts civil proceedings with judicial review proceedings. Judicial review proceedings are governed by a mixture of common law, the High Court Rules and the Judicature Amendment Act 1972.35 We do not propose to bring judicial review proceedings within the Crown proceedings legislation. Conceptually, judicial review proceedings are separate from private law actions that can be brought against the Crown, although in some cases the issues that can be brought in a private claim can also be brought as a judicial review claim, and both claims may sometimes be heard together. Reforming the procedure of judicial review claims, however, lies outside the scope of the current project.
35The Judicature Amendment Act 1972 is to be re-enacted as part of the Judicial Modernisation Bill which is currently before Parliament.