What are the grounds for judicial review under Rule 137 RFC?

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Grounds for Judicial Review Under Rule 137 RFC

Rule 137 of the Rules of the Federal Court 1995 (RFC) permits the Federal Court to review its own decisions, an authority exercised only in rare and exceptional circumstances. For a review application to succeed under this rule, it must be demonstrated that the case meets stringent criteria and that an obvious error occurred, leading to injustice. The Federal Court, in the Asean Security Paper Mills Sdn Bhd v Mitsui Sumitomo Insurance (Malaysia) Bhd $$2008$$ case, identified several broad categories that may permit such a review.
Lack of Quorum or Improper Court Constitution

One ground for review is a lack of quorum, meaning the court was not duly constituted. This could occur, for example, if two of the three presiding judges had retired before the decision was made. Similarly, if the court making the decision was not properly constituted, was illegal, or lacked jurisdiction, it may form a basis for review.
Denial of Right to be Heard or Fraudulent Decision

A review may be granted if the applicant was denied the right to have their appeal heard on its merits by the appellate court. Furthermore, if the decision in question was obtained through fraud or the suppression of material evidence, this can also be a ground for review.
Clear Infringement of Law or Bias Established

A clear infringement of the law is another category that can permit a review of a Federal Court decision. Additionally, if bias has been established against a party or the court itself, this can lead to the review of a prior ruling.
Undermined Integrity of Decision or Procedural Injustice

The integrity of an earlier decision may be critically undermined, for instance, if the process leading to the decision was corrupted, potentially resulting in a wrong outcome. The rule is intended for situations where procedural injustice has been occasioned, and it should not be abused, as there must be finality in litigation.

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What are the grounds for judicial review under Rule 137 RFC?

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