Deeral, Erica (On Behalf of Herself & the Gamaay Peoples) & Ors v Charlie, Gordon & Ors [1998] FCA 723

Deeral, Erica (On Behalf of Herself & the Gamaay Peoples) & Ors v Charlie, Gordon & Ors [1998] FCA 723

The relevant provisions of the Native Title Act 1993 did not themselves prescribe invalidity for failure to make the nominations within the earlier period. In the special circumstances, including the applicants' best endeavours, unresolved issues requiring apparent legislative intervention, and the administrative nature of the post-determination nomination issue, the Court granted the requested extension conditional upon an undertaking to use reasonable endeavours to make the nominations as soon as practicable.

Jurisdiction
Australia
Judgment Date
01 June 1998
Procedural Posture
Native Title / Notice of Motion Seeking Extension of Time for Nominations of a Prescribed Body Corporate After Determination of Native Title
Outcome
Application granted conditionally upon the filing and serving of the applicants' undertaking to the Court.
Legal Topics
['prescribed Body Corporate' 'extension of Time' 'validity for Non Compliance With Legislative Requirements' 'native Title Determination by Agreement']
['native Title' 'administrative Law'] ['prescribed Body Corporate' 'extension of Time' 'validity for Non Compliance With Legislative Requirements' 'native Title Determination by Agreement']

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Procedural Posture

Native Title / Notice of Motion Seeking Extension of Time for Nominations of a Prescribed Body Corporate After Determination of Native Title

Legal Issues

  1. 1 ['Whether the time for making nominations under s 57(2)(a) of the Native Title Act 1993 of a prescribed body corporate should be extended.' 'Whether failure to comply with the timeframe for nomination resulted in invalidity.']

Ratio Decidendi

The relevant provisions of the Native Title Act 1993 did not themselves prescribe invalidity for failure to make the nominations within the earlier period. In the special circumstances, including the applicants' best endeavours, unresolved issues requiring apparent legislative intervention, and the administrative nature of the post-determination nomination issue, the Court granted the requested extension conditional upon an undertaking to use reasonable endeavours to make the nominations as soon as practicable.

Court Disposition

Application granted conditionally upon the filing and serving of the applicants' undertaking to the Court.

Orders

  • ['The nominations referred to in paragraphs 4 to 15 inclusive of the determination made on 8 December 1997 be made in writing to the Court within four years of the date of this Order.' 'In the event that any applicant is, during the currency of these Orders, unable by reason of death, infirmity or incapacity or...