ALRC Report 78 reviewed the recommendations made in the earlier report in light of subsequent developments in law and practice and recent and proposed reforms to court rules and procedures.
It provides that under the current Australian law, standing is not open to all members of the public to commence litigation to sue for public remedies, as the rules are complex and very restrictive. It addresses issues including the development and context in which the laws of standing and intervention are understood, the types of proceedings in which the reforms to standing recommended in this report should apply and sets out recommendations including a new test for standing and the exceptions to it. The report calls for broader rules of standing through the removal of restrictive rules of standing in cases that have a public element so as to ensure accountability and compliance to the law in decision making.
View ALRC Report 78 in HTMLon the AustLII website.
This publication is available for purchase in book format.