Holt v The Hon. Daryl Manzie [2001] FCA 627

Holt v The Hon. Daryl Manzie [2001] FCA 627

The giving of notice under s 29 of the Native Title Act and the inclusion of an expedited procedure statement are not reviewable decisions under the Administrative Decisions (Judicial Review) Act 1977 because they are not final, operative or determinative of rights, but merely procedural steps mandated or permitted by statute.

Parties
Applicant: Jimmy Holt; First Respondent: The Hon. Daryl Manzie MLA, Northern Territory Minister for Resource Development; Second Respondent: Northern Territory of Australia
Jurisdiction
Australia
Judgment Date
05 June 2001
Procedural Posture
Application for Judicial Review / Judgment at First Instance, Federal Court, Dismissal of Application
Outcome
Application dismissed
Legal Topics
Native Title – Future Acts – Notification – Expedited Procedure, Judicial Review – Reviewability of Notice/expedited Procedure Statements, Interpretation of Native Title Act Notification Provisions
Aboriginal and Torres Strait Islander Law Administrative Law Mining Law Native Title – Future Acts – Notification – Expedited Procedure Judicial Review – Reviewability of Notice/expedited Procedure Statements Interpretation of Native Title Act Notification Provisions

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 9 Party arguments 2
Sign in to unlock

Parties

Jimmy Holt

Applicant

The Hon. Daryl Manzie MLA, Northern Territory Minister for Resource Development

First Respondent

Northern Territory of Australia

Second Respondent

Procedural Posture

Application for Judicial Review / Judgment at First Instance, Federal Court, Dismissal of Application

Legal Issues

  1. 1 Whether the issuing of notices under s 29 and inclusion of expedited procedure statement are reviewable decisions under the Administrative Decisions (Judicial Review) Act 1977 (Cth)
  2. 2 Whether proper procedures for notification were followed under the Native Title Act and Native Title (Notices) Determination 1998
  3. 3 Whether the applicant has standing as a person aggrieved

Ratio Decidendi

The giving of notice under s 29 of the Native Title Act and the inclusion of an expedited procedure statement are not reviewable decisions under the Administrative Decisions (Judicial Review) Act 1977 because they are not final, operative or determinative of rights, but merely procedural steps mandated or permitted by statute.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.