Writ Mandamus Order Format
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How to fill out Petition Or Application For Writ Of Mandamus Or Mandate For Refusal Of Administrative Agency To Act On Petition?
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FAQ
A discretionary remedy used in judicial review of administrative action available in the original jurisdiction of the High Court under section 75(v) of the Constitution, in the Federal Court under section 39B(1) of the Judiciary Act 1903 (Cth) and to a limited extent in some state courts.
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist. Court For D.C. (2004).
How do you prepare a writ of mandamus? A writ of mandamus must include specific information, depending on where it is being filed. Generally, the writ must include the name of the petitioner, the specific details of the issue, and any supporting evidence or information.
You are allowed to represent yourself in an writ proceeding in the appellate division. If you have any questions about the writ proceedings and about whether and how you should respond to a writ petition, however, you should consult an attorney.
A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial in nature and that the court has a clear duty to do under law. When filing a petition for writ of mandamus, you must show that you have no other remedy available.