R v Kearney; Ex parte Japanangka [1984] HCA 13

R v Kearney; Ex parte Japanangka [1984] HCA 13

The purported leases by the Northern Territory Government of land subject to a valid land claim under the Aboriginal Land Rights (Northern Territory) Act were ultra vires; as land was unalienated Crown land when claims were made, Commissioner was bound to continue inquiry (except in the case of Devils Marbles Conservation Reserve, which had ceased to be Crown land prior to claim); powers of the Northern Territory do not override federal statutory rights under the Aboriginal Land Rights Act.

Jurisdiction
Australia
Procedural Posture
Application for Prerogative Writs (mandamus, Prohibition, Certiorari) / Final Judgment and Order
Outcome
Order nisi for mandamus made absolute (except Devils Marbles Conservation Reserve); orders nisi for prohibition and certiorari discharged
Legal Topics
['jurisdiction of Aboriginal Land Commissioner' 'interpretation of Aboriginal Land Rights (northern Territory) Act 1976' 'alienation of Crown Land' 'statutory Construction' 'effect of Northern Territory (self Government) Act 1978' 'ultra Vires Grants']
['administrative Law' 'aboriginal Land Rights' 'constitutional Law'] ['jurisdiction of Aboriginal Land Commissioner' 'interpretation of Aboriginal Land Rights (northern Territory) Act 1976' 'alienation of Crown Land' 'statutory Construction' 'effect of Northern Territory (self Government) Act 1978' 'ultra Vires Grants']

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Procedural Posture

Application for Prerogative Writs (mandamus, Prohibition, Certiorari) / Final Judgment and Order

Legal Issues

  1. 1 ['Whether Northern Territory Government can alienate Crown land under valid land claim before disposal of claim' "Effect of grant of lease on Commissioner's jurisdiction" "Status of Land Corporation as 'person other than the Crown' under Aboriginal Land Rights Act" "Meaning of 'Crown land' under s. 3(1) of the Aboriginal Land Rights Act" "Whether land set apart under Territory Ordinances is excluded from 'Crown land'"]

Ratio Decidendi

The purported leases by the Northern Territory Government of land subject to a valid land claim under the Aboriginal Land Rights (Northern Territory) Act were ultra vires; as land was unalienated Crown land when claims were made, Commissioner was bound to continue inquiry (except in the case of Devils Marbles Conservation Reserve, which had ceased to be Crown land prior to claim); powers of the Northern Territory do not override federal statutory rights under the Aboriginal Land Rights Act.

Court Disposition

Order nisi for mandamus made absolute (except Devils Marbles Conservation Reserve); orders nisi for prohibition and certiorari discharged

Orders

  • ['Mandamus directed to Aboriginal Land Commissioner to exercise functions under s. 50 in relation to the whole of the Warramungu/Alyawarra Land Claim except Devils Marbles Conservation Reserve' "Prosecutor's costs to be paid by persons other than Mr. Justice Kearney served with the order nisi" 'Order nisi for...