Bell v Native Title Registrar [2021] FCA 229

Bell v Native Title Registrar [2021] FCA 229

Applicants had standing as persons aggrieved due to the effect of registration on their own application and prior participation; they were not entitled to procedural fairness under the statutory or common law regime, and the delegate did not commit a reviewable error in her analysis of the factual basis or by not inviting submissions or material from the applicants; application dismissed with costs.

Jurisdiction
Australia
Judgment Date
16 March 2021
Procedural Posture
Judicial Review / Final Determination of Originating Application
Outcome
Application dismissed
Legal Topics
['registration of Native Title Applications' 'standing Under ADJR Act' 'procedural Fairness' 'improper Exercise of Power' 'error of Law']
['native Title Law' 'administrative Law'] ['registration of Native Title Applications' 'standing Under ADJR Act' 'procedural Fairness' 'improper Exercise of Power' 'error of Law']

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Procedural Posture

Judicial Review / Final Determination of Originating Application

Legal Issues

  1. 1 ["Whether the applicants had standing to challenge the delegate's decision under the ADJR Act" 'Whether the delegate failed to afford procedural fairness' 'Whether the delegate exercised her power improperly by identifying the wrong issue or failing to take into account relevant considerations' 'Whether the delegate committed an error of law under s 5(1)(f) of the ADJR Act']

Ratio Decidendi

Applicants had standing as persons aggrieved due to the effect of registration on their own application and prior participation; they were not entitled to procedural fairness under the statutory or common law regime, and the delegate did not commit a reviewable error in her analysis of the factual basis or by not inviting submissions or material from the applicants; application dismissed with costs.

Court Disposition

Application dismissed

Orders

  • ['Time extended for applicants to rely on originating application.' 'Originating application dismissed.' "Applicants to pay respondents' costs as agreed or taxed."]