Gandangara Local Aboriginal Land Council v New South Wales Aboriginal Land Council [2013] NSWLEC 116

Gandangara Local Aboriginal Land Council v New South Wales Aboriginal Land Council [2013] NSWLEC 116

Expedition is granted as the statutory timeline for appointing an auditor under s 153 of the Aboriginal Land Rights Act 1983 may be jeopardized, potentially resulting in administration of GLALC. There was no delay by the applicant, parties are cooperating, and the case is not speculative.

Jurisdiction
Australia
Judgment Date
22 July 2013
Procedural Posture
Class 4 / Procedural Ruling Regarding Expedition and Directions
Outcome
Expedition granted with directions for hearing and costs orders.
Legal Topics
['expedition of Proceedings' 'appointment of Auditors' 'local Aboriginal Land Council Governance']
['civil Procedure'] ['expedition of Proceedings' 'appointment of Auditors' 'local Aboriginal Land Council Governance']

Case Brief

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Procedural Posture

Class 4 / Procedural Ruling Regarding Expedition and Directions

Legal Issues

  1. 1 ['Whether s 153 of the Aboriginal Land Rights Act 1983 contains a power to appoint an auditor on terms or conditions' 'Whether a purported appointment is valid if those terms or conditions are not met']

Ratio Decidendi

Expedition is granted as the statutory timeline for appointing an auditor under s 153 of the Aboriginal Land Rights Act 1983 may be jeopardized, potentially resulting in administration of GLALC. There was no delay by the applicant, parties are cooperating, and the case is not speculative.

Court Disposition

Expedition granted with directions for hearing and costs orders.

Orders

  • ['The amended notice of motion dated 18 July 2013 is withdrawn.' "The applicant must pay the first and second respondents' costs related to the notice of motion dated 17 July 2013 and the amended notice of motion dated 18 July 2013, as agreed or assessed." 'The applicant is granted leave to file the Further Amended...