Raymond v Northern Territory of Australia [2004] FCAFC 258

Raymond v Northern Territory of Australia [2004] FCAFC 258

Section 50(2C) of the Aboriginal Land Rights (Northern Territory) Act operates to bar the Commissioner from performing functions on an application made to claim alienated Crown land held by or on behalf of Aboriginals, in the absence of written consent from those interest holders, and this jurisdictional bar is not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 September 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
['jurisdiction of Aboriginal Land Commissioner' 'consent Requirements for Land Claims' 'effect of Statutory Amendments on Land Claims']
['aboriginal Land Rights' 'administrative Law'] ['jurisdiction of Aboriginal Land Commissioner' 'consent Requirements for Land Claims' 'effect of Statutory Amendments on Land Claims']

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether s 50(2C) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) prevents the Commissioner from exercising functions when Aboriginal interest holders have not consented to the application' "Whether a later disposition of Aboriginal interests reactivates the Commissioner's jurisdiction" 'Whether s 67A bars the disposal of Aboriginal interests during a pending claim']

Ratio Decidendi

Section 50(2C) of the Aboriginal Land Rights (Northern Territory) Act operates to bar the Commissioner from performing functions on an application made to claim alienated Crown land held by or on behalf of Aboriginals, in the absence of written consent from those interest holders, and this jurisdictional bar is not lifted by subsequent disposition of those interests to non-Aboriginal holders.

Court Disposition

Application dismissed with costs

Orders

  • ['The application be dismissed with costs']