Carter v Aboriginal and Torres Strait Islander Commission [2006] FCA 921

Carter v Aboriginal and Torres Strait Islander Commission [2006] FCA 921

The applicant failed to demonstrate any reviewable error or lack of authority on the part of ATSIC or AGS. The statutory transfer of mortgage rights to ATSIC was valid, all procedural and substantive actions taken by ATSIC and AGS were authorised by the mortgage and statutes, and no administrative decision under an enactment was identified that would support judicial review. The application was therefore dismissed with costs.

Parties
Applicant: Jennifer Carter; First Respondent: Aboriginal and Torres Strait Islander Commission; Second Respondent: Australian Government Solicitor; Third Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
20 July 2006
Procedural Posture
Judicial Review Application / Final Determination at First Instance
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Exercise of Statutory Power, Mortgage Enforcement, Powers of Statutory Authority
Administrative Law Judicial Review Exercise of Statutory Power Mortgage Enforcement Powers of Statutory Authority

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Jennifer Carter

Applicant

Aboriginal and Torres Strait Islander Commission

First Respondent

Australian Government Solicitor

Second Respondent

Commonwealth of Australia

Third Respondent

Procedural Posture

Judicial Review Application / Final Determination at First Instance

Legal Issues

  1. 1 Whether the Aboriginal and Torres Strait Islander Commission (ATSIC) was authorised to exercise the power of sale over the applicant's mortgaged property
  2. 2 Whether the administrative conduct of ATSIC and the Australian Government Solicitor was reviewable under the Administrative Decisions (Judicial Review) Act 1977 (Cth)
  3. 3 Whether any grounds for judicial review have merit

Ratio Decidendi

The applicant failed to demonstrate any reviewable error or lack of authority on the part of ATSIC or AGS. The statutory transfer of mortgage rights to ATSIC was valid, all procedural and substantive actions taken by ATSIC and AGS were authorised by the mortgage and statutes, and no administrative decision under an enactment was identified that would support judicial review. The application was therefore dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed.
  • The applicant pay the respondents' costs of the application.