Murray v The Registrar of the National Native Title Tribunal [2002] FCA 1598

Murray v The Registrar of the National Native Title Tribunal [2002] FCA 1598

Section 24CD of the Native Title Act 1993 (Cth) does not require all persons who may claim to hold native title in the area to be parties to the Indigenous Land Use Agreement; the procedural requirements regarding notice and authorisation under the Act were met; allegations of apprehended bias and denial of procedural fairness against the Registrar's delegate were not made out; there was no taking into account of irrelevant considerations nor failure to consider relevant considerations; the decision to register the ILUA was not so unreasonable as to warrant judicial intervention; the registration process did not entail the exercise of judicial power and was thus within jurisdiction.

Parties
Applicant: Sonia Murray; First Respondent: Registrar of the National Native Title Tribunal; Second Respondent: Blairgowrie Safe Boat Harbour Ltd; Third Respondent: Carolyn Briggs; Intervener: Commonwealth Attorney-General (intervening)
Jurisdiction
Australia
Judgment Date
20 December 2002
Procedural Posture
Application for Judicial Review / Final Judgment at First Instance
Outcome
Application dismissed
Legal Topics
Judicial Review of Administrative Action, Indigenous Land Use Agreements (ilua) Registration, Procedural Fairness, Apprehended Bias, Statutory Interpretation, Judicial Power Under the Constitution
Administrative Law Constitutional Law Native Title Law Judicial Review of Administrative Action Indigenous Land Use Agreements (ilua) Registration Procedural Fairness Apprehended Bias Statutory Interpretation +1 more

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Parties

Sonia Murray

Applicant

Registrar of the National Native Title Tribunal

First Respondent

Blairgowrie Safe Boat Harbour Ltd

Second Respondent

Carolyn Briggs

Third Respondent

Commonwealth Attorney-General (intervening)

Intervener

Procedural Posture

Application for Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 Whether s 24CD of the Native Title Act requires all persons who claim to hold native title in the area to be a party to the ILUA
  2. 2 Whether the Tribunal is required to inform and consult any representative body about the ILUA
  3. 3 Whether there was a reasonable apprehension of bias on the part of the decision-maker

Ratio Decidendi

Section 24CD of the Native Title Act 1993 (Cth) does not require all persons who may claim to hold native title in the area to be parties to the Indigenous Land Use Agreement; the procedural requirements regarding notice and authorisation under the Act were met; allegations of apprehended bias and denial of procedural fairness against the Registrar's delegate were not made out; there was no taking into account of irrelevant considerations nor failure to consider relevant considerations; the decision to register the ILUA was not so unreasonable as to warrant judicial intervention; the registration process did not entail the exercise of judicial power and was thus within jurisdiction.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • Within fourteen days of the making of Order No 1, the second respondent file and serve its written submissions concerning costs.