Kimberley Land Council Aboriginal Corporation (ICN 21) v Williams [2018] FCA 1955

Kimberley Land Council Aboriginal Corporation (ICN 21) v Williams [2018] FCA 1955

The judicial review applications failed because, although the delegate erred to the extent she purported to determine for herself whether a traditional decision-making process existed, the substance of her decision was that the claim group at the authorisation meeting had not addressed the correct s 251A(a) question: whether there was a traditional decision-making process that had to be complied with for authorising an ILUA involving surrender of native title. The evidence and minutes did not show that this question was expressly or impliedly put to or determined by the claim group. Accordingly, the delegate did not ultimately make a reviewable error of law or improperly exercise power in...

Jurisdiction
Australia
Judgment Date
05 December 2018
Procedural Posture
Applications for Judicial Review Under S 5(1) of the Administrative Decisions (judicial Review) Act 1977 (cth) of a Delegate of the Native Title Registrar's Decision Not to Register an Indigenous Land Use Agreement / Final Judgment
Outcome
Applications for judicial review dismissed.
Legal Topics
['judicial Review' 'indigenous Land Use Agreements' 'registration of Area Agreements' 'certification by Representative Aboriginal/torres Strait Islander Bodies' 'authorisation Under S 251 a of the Native Title Act 1993 (cth)' 'traditional Decision Making Processes' 'surrender of Native Title']
['administrative Law' 'native Title'] ['judicial Review' 'indigenous Land Use Agreements' 'registration of Area Agreements' 'certification by Representative Aboriginal/torres Strait Islander Bodies' 'authorisation Under S 251 a of the Native Title Act 1993 (cth)' 'traditional Decision Making Processes' 'surrender of Native Title']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Applications for Judicial Review Under S 5(1) of the Administrative Decisions (judicial Review) Act 1977 (cth) of a Delegate of the Native Title Registrar's Decision Not to Register an Indigenous Land Use Agreement / Final Judgment

Legal Issues

  1. 1 ["Whether the delegate's decision not to register the Balanggarra #3 ILUA involved an error of law." "Whether the delegate's decision involved an improper exercise of power by failing to take into account relevant considerations." 'Whether the requirements of s 203BE(5)(b) of the Native Title Act 1993 (Cth) were satisfied in relation to certification of the ILUA application.' 'Whether the claim group addressed whether there was a traditional decision-making process that had to be complied with under s 251A(a) for authorising an ILUA involving surrender of native title.']

Ratio Decidendi

The judicial review applications failed because, although the delegate erred to the extent she purported to determine for herself whether a traditional decision-making process existed, the substance of her decision was that the claim group at the authorisation meeting had not addressed the correct s 251A(a) question: whether there was a traditional decision-making process that had to be complied with for authorising an ILUA involving surrender of native title. The evidence and minutes did not show that this question was expressly or impliedly put to or determined by the claim group. Accordingly, the delegate did not ultimately make a reviewable error of law or improperly exercise power in...

Court Disposition

Applications for judicial review dismissed.

Orders

  • ['The applications in each proceeding be dismissed.' 'By 12 December 2018, the parties to make written submissions on costs, to be determined on the papers.']