ABSTRACT
Most Australian superior courts continue to maintain a distinction between jurisdictional and non-jurisdictional errors of law: see R v Industrial Commission of South Australia ex p Adelaide Milk Supply Cooperative Ltd (No 2) (1978); R v Ward ex p Bowering (1978); Darkingung
Simple/Narrow: Traditional:
Substantive ultra Want/lack of jurisdiction vires
Procedural ultra Excess of jurisdiction vires
Wrongful failure (including a a ‘constructive failure’) or refusal to exercise jurisdiction
Extended/Broad: Extended:
For example, bad faith, Errors of law denial of corresponding with procedural fairness, extended/broad ultra vires, irrelevant as well as errors of law considerations, corresponding with simple/ unreasonableness narrow ultra vires
Local Aboriginal Land Council v Minister for Natural Resources (No 2) (1987); Public Service Association of South Australia v Federated Clerks’ Union of Australia, South Australian Branch (1991); Carter v Drake (1992); Commissioner of Police v District Court of New South Wales (1993); Walker v Industrial Court of New South Wales (1994); Craig v South Australia (1995); cf Thelander v Woodward (1981).
