1A permissive statutory power (here, s 57 of the Land Act 1994 (Qld) authorising a trustee to lease trust land) does not impose a duty to make a decision; accordingly, the mere tabling and deferral of a proposal to exercise such a power does not give rise to a reviewable 'failure to make a decision' under s 22 of the Judicial Review Act 1991 (Qld).
2To succeed under s 22 JRA for failure to make a decision, an applicant must demonstrate that the empowering provision can be construed as carrying a duty to consider its exercise and that the decision is one to which the JRA applies; where no such duty exists and no decision to act has been made, there is no reasonable basis for the review application and summary dismissal under s 48 is appropriate.
3Where an unrepresented litigant uses generative AI tools to formulate legal arguments, the resulting submissions may appear superficially competent but may fail to address the critical legal issue, and reliance on such tools does not excuse the pursuit of a misconceived claim or insulate against adverse costs orders.
