The ability to seek a review using prerogative remedies (see prerogative remedies) was usually exercised by issuing what was known as a prerogative writ.

In South Australia, the ability to issue a prerogative writ has now been restricted by the requirement that the parties must seek judicial review under Rule 98 of the Supreme Court Rules. While this changes the nature of the application, it does not change the substance of the application. Although the Rules state that prerogative writs shall no longer be issued, a person seeking judicial review is entitled to an order in the nature of those prerogative remedies. Accordingly, it is important to understand the grounds of review, and to understand that most of the rules such as standing, still apply, see prerogative remedies.

An application for review is instituted by a formal application in accordance with Rule 98.01. A summons and supporting affidavit is required.

The summons need not specify all of the grounds of relief sought and the court has a power to grant the appropriate relief, although the Rules suggest that any claim for damages must be included in the initial application [r.98.09]. A significant difference in issuing an application is that a summons seeking judicial review can only be served on the other party with the leave of the Supreme Court. Accordingly, an applicant must first apply for leave to serve the summons, which is heard in the absence of the other party. This can be a complex and time consuming process but is designed to avoid frivolous, incomplete or incorrect applications.

The application for review must be issued within six months from the date when the grounds for the review first arose. There is a power to extend the time, but Rule 98.06 specifically provides that in all cases the application shall be made as promptly as possible. In the normal course of events, an application for judicial review would be heard on the basis of affidavits filed rather than oral evidence.