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LEGAL GUIDE · PUBLIC LAW AND WRIT REMEDIES

A public authority does not decide an application

A public authority's failure to decide an application may justify a request for action where there is an identifiable legal duty. That is different from an automatic right to the outcome requested. Prove a complete application, receipt and the authority's responsibility first.

What to examine

Preserve the eligibility material, prescribed requirements, acknowledgment and any deficiency notice. Distinguish silence from a communicated refusal, and a statutory decision period from an informal estimate. Repeated representations do not necessarily solve delay or limitation issues. A court may be asked for an appropriate direction, but the merits and statutory decision-maker remain relevant.

Records to collect

  • Application and supporting documents
  • submission acknowledgment
  • deficiency and reminder correspondence
  • governing duty or service provision

Keep complete, dated copies and preserve originals. Note which records are missing and where they may be requested; do not alter a document to fill a gap in the history.

The applicable framework

Public-law remedies depend on the authority, legal duty, statutory framework and actual decision or inaction. The High Court assesses maintainability and grounds for review as well as the relief requested. Statutory appeals, tribunal jurisdiction, delay and affected third parties should be considered before choosing a writ petition.

A practical next step

Identify the specific undecided duty and complete any genuine missing requirement. Assess the available departmental or statutory route and an appropriate court request if inaction persists.

Related guidance

Sources and official resources

Prepared 19 October 2026. General legal information. The applicable law, amendments, forum, evidence and time limits require assessment for the individual matter.