Extended Standing — Enhanced Accountability? Judicial Review of Commonwealth Environmental Decisions

Abstract

The general test for standing in Australia requires an applicant to have a 'special interest' in the subject matter of the action. It is well known that under this test environmental groups face challenges in being granted standing. So what happens when legislation extends standing to allow these groups to bring judicial review proceedings? The cases and academic literature suggest that there may be a number of consequences. It may be that other aspects of the litigation process such as costs, non-justiciability, or powers to stay proceedings for being an abuse of process operate to curb inappropriate proceedings. It is also possible that standing-related issues are handled by the grounds of judicial review, such as procedural fairness or failure to consider a relevant matter. This could occur in two different ways. Judges may be wary of being drawn into what they regard as political disputes3 and take a restrained approach to the grounds of review that emphasises orthodox limitations. Or, they may see extended standing as a sign that legal accountability is to be enhanced and that a progressive approach to the grounds of review is warranted.