Kimberley Land Council Aboriginal Corporation (ICN 21) v Williams

The Kimberley Land Council Aboriginal Corporation (ICN 21) sought judicial review of a decision by the delegate of the Native Title Registrar not to register an indigenous land use agreement (ILUA). The applicant argued that the decision to not register the ILUA involved an error of law or an improper exercise of power. The Federal Court was required to determine whether the decision involved an error of law or an improper exercise of power. The court examined the statutory provisions governing the registration of ILUAs, particularly sections 24CK and 203BE(5) of the Native Title Act 1993 (Cth). The court found that the ILUA was an area agreement and that the delegate had properly applied section 24CK in determining that the ILUA could not be registered. The court also found that the delegate did not err in law or exercise her power improperly in determining that the ILUA was not properly certified in accordance with section 203BE(5). The court held that the delegate’s decision not to register the ILUA did not involve an error of law or an improper exercise of power. The applications for judicial review were dismissed. The parties were ordered to make written submissions on costs by 12 December 2018.