Ford v Legal Aid Commission of Qld

Case

[1997] QSC 92

16 May 1997


Details
AGLC Case Decision Date
Ford v Legal Aid Commission of Qld [1997] QSC 92 [1997] QSC 92 16 May 1997

CaseChat Overview and Summary

The case of Ford v Legal Aid Commission of Queensland [1997] QSC 128 is an application to review the refusal of legal aid to the applicant to seek a judicial review of a decision of the Queensland Department of Health. The applicant sought legal assistance from the Legal Aid Commission of Queensland under the Legal Aid Act 1978. The Commission refused to grant legal assistance to the applicant. The applicant then sought a judicial review of the Commission's decision. The legal issues in this case were whether the Legal Aid Commission of Queensland was permitted to lawfully limit the types of legal matter in respect of which it would grant legal aid and decline to consider the merits of any application for legal assistance in respect of other types of matter. The court held that the Legal Aid Commission of Queensland was empowered to impose constraints upon the exercise of its statutory discretion to grant legal assistance by determining and publicising guidelines to be applied in the application of the Act. The court also held that the Commission had power to establish priorities among classes of matters and classes of persons. The court dismissed the application and made no order for costs.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Administrative Discretion

  • Judicial Review

  • Statutory Interpretation

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

0

Svikart v Stewart [1994] HCA 62
Norbis v Norbis [1986] HCA 17