Laurie v New South Wales Aboriginal Land Council & Ors; New South Wales Aboriginal Land Council v Laurie & Ors (No 2) [2009] NSWLEC 73

Laurie v New South Wales Aboriginal Land Council & Ors; New South Wales Aboriginal Land Council v Laurie & Ors (No 2) [2009] NSWLEC 73

The remaining issue of whether the applicant has become disqualified from holding office since election and whether her position should be declared a casual vacancy arises directly from the findings and must be resolved, with pleadings to be amended to specify the date of alleged disqualification, in order to finally determine all matters in controversy as required by section 22.

Parties
Applicant/first Cross Defendant: Patricia Helen Laurie; First Respondent/cross Claimant: New South Wales Aboriginal Land Council; Second Respondent: Registrar, Aboriginal Land Rights Act 1983; Second Cross Defendant: Brian Decelis; Third Cross Defendant: Electoral Commissioner for New South Wales
Jurisdiction
Australia
Judgment Date
13 May 2009
Procedural Posture
Class 4 Application and Cross Claim / Post Judgment; Determination of Outstanding Issues and Final Orders
Outcome
Further submissions and amendment of pleadings ordered; final orders deferred.
Legal Topics
Jurisdiction to Declare Elected Office Vacant, Pleadings Amendment, Aboriginal Land Rights Act, Remedies and Finality in Civil Proceedings
Administrative Law Aboriginal Law Election Law Civil Procedure Jurisdiction to Declare Elected Office Vacant Pleadings Amendment Aboriginal Land Rights Act Remedies and Finality in Civil Proceedings

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Parties

Patricia Helen Laurie

Applicant/first Cross Defendant

New South Wales Aboriginal Land Council

First Respondent/cross Claimant

Registrar, Aboriginal Land Rights Act 1983

Second Respondent

Brian Decelis

Second Cross Defendant

Electoral Commissioner for New South Wales

Third Cross Defendant

Procedural Posture

Class 4 Application and Cross Claim / Post Judgment; Determination of Outstanding Issues and Final Orders

Legal Issues

  1. 1 Whether court should resolve all outstanding issues between parties, including disqualification and casual vacancy
  2. 2 Whether pleadings should be amended to specify date of alleged disqualification
  3. 3 Whether section 22 of the Land and Environment Court Act applies to require final determination

Ratio Decidendi

The remaining issue of whether the applicant has become disqualified from holding office since election and whether her position should be declared a casual vacancy arises directly from the findings and must be resolved, with pleadings to be amended to specify the date of alleged disqualification, in order to finally determine all matters in controversy as required by section 22.

Court Disposition

Further submissions and amendment of pleadings ordered; final orders deferred.

Orders

  • NSWALC to amend pleadings to specify date of alleged disqualification/casual vacancy.
  • Timetable for written submissions and oral argument set for outstanding issues including costs.