A discretionary remedy used in judicial review of administrative action available in the original jurisdiction of the High Court under section 75(v) of the Constitution, in the Federal Court under section 39B(1) of the Judiciary Act 1903 (Cth) and to a limited extent in some state courts.

A writ of mandamus compels the performance of a public duty, as distinct from enforcing a duty of a private nature such as a contractual obligation.

A writ of mandamus is restricted to jurisdictional error. Denial of procedural fairness by an officer of the commonwealth may be a jurisdictional error (Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57).

If the act sought to be compelled to be done is a discretionary act, a writ of mandamus commands the exercise of the discretion, but does not command its exercise in a particular manner.

The purpose of a writ of mandamus is to prevent judicial officers exceeding judicial power, and not to provide an alternate means of remedying judgments from which there are adequate rights of appeal (Construction Forestry Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2016] HCA 41 at [22]).

A writ of mandamus is now known as a constitutional writ, and not as a prerogative writ (Re Refugee Review Tribunal; Ex parte Aala).

A writ of mandamus is distinct from:

For further information see Practice note, Appeals from non-judicial bodies: overview.