Journal article
Jurisdictional Error — What Exactly Is It?
Australian Institute of Administrative Law Forum, Vol.116, pp.70-84
2026
Abstract
This paper examines the doctrine of jurisdictional error in Australian administrative law, focusing on its role in judicial review of executive decision-making. Jurisdictional error operates as a doctrinal mechanism for delineating the boundaries of lawful authority and determining the validity of administrative decisions. The paper explores three core dimensions of jurisdictional error: its function in establishing a ground of review, its necessity for the grant of judicial remedies, and its relevance to the interpretation and constitutional validity of privative clauses. Particular emphasis is placed on the High Court’s recent clarification of the materiality threshold in LPDT v Minister for Immigration [2024] HCA 12, which resolves longstanding uncertainty surrounding the meaning, proof, and consequences of material errors. The paper also considers inherently invalidating errors—such as legal unreasonableness, bias, and serious breaches of the hearing rule—and evaluates emerging judicial support for treating such errors as inherently material.
Details
- Title
- Jurisdictional Error — What Exactly Is It?
- Authors/Creators
- Sarah Withnall Howe (Author) - Murdoch University, School of Law and Criminology
- Publication Details
- Australian Institute of Administrative Law Forum, Vol.116, pp.70-84
- Publisher
- Australian Institute of Administrative Law
- Identifiers
- 991005908178807891
- Copyright
- © 2026- Australian Institute of Administrative Law All Rights Reserved
- Murdoch Affiliation
- School of Law and Criminology
- Resource Type
- Journal article
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