A nearly six-year delay in seeking judicial review of an administrative decision will not be excused under Order 56 Rule 2(3) merely because the applicant pursued alternative remedies (defamation proceedings, VCAT applications) or was ignorant of the availability of judicial review. The existence of a strongly arguable case of administrative error may be a relevant consideration in assessing special circumstances, but does not automatically establish them. A medical practitioners board is entitled to give short reasons for a preliminary determination favourable to a practitioner, including characterisations of the practitioner's conduct, without exceeding its statutory powers.
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