Pervan v Blow

The applicants, Pervan and Blow, sought judicial review of a direction given by a judge of the Supreme Court of New South Wales. The direction, made pursuant to rule 38 of the *Supreme Court Rules 2000* (NSW), was to accept certain documents for filing. The primary issue before the Court of Appeal was whether this direction constituted a "decision" for the purposes of administrative law review.

The Court was required to determine whether a direction issued by a judge under rule 38 of the *Supreme Court Rules 2000* (NSW) was a reviewable decision under the *Administrative Decisions (Judicial Review) Act 1977* (NSW). This involved considering the nature of the judge's power under rule 38 and whether its exercise fell within the scope of decisions amenable to judicial review.

The Court held that the direction given by the judge was not a reviewable decision. It reasoned that the judge's power under rule 38 was an exercise of judicial power, not administrative power. The rule permitted a judge to direct the filing of documents that might otherwise be rejected, but this was a procedural step within the court's inherent jurisdiction to manage its own proceedings and ensure the proper administration of justice. Such directions were part of the judicial process itself and did not constitute a decision of an administrative character made under an enactment, which is the type of decision subject to judicial review under the *Administrative Decisions (Judicial Review) Act 1977* (NSW).

The appeal was dismissed.