Minister Administering the Crown Lands Consolidation Act And The Western Lands Act v New South Wales Aboriginal Land Council

The applicant, the Minister administering the Crown Lands Consolidation Act and the Western Lands Act, sought special leave to appeal to the High Court of Australia against a decision of the New South Wales Court of Appeal. The dispute concerned the nature of the rights held by the respondent, the New South Wales Aboriginal Land Council, in relation to certain Crown lands. The Land Council had lodged a claim for these lands, which was refused by the Minister. The Land Council then appealed this refusal to the Land and Environment Court.

The central legal issue before the High Court was whether an amendment to the relevant legislation, which occurred after the Land Council's claim was lodged, refused, and an appeal was initiated, affected the Land Council's right to have the land transferred to it. Specifically, the Court was required to determine the effect of this amendment on the Land Council's entitlement to an order for the transfer of the land, particularly in circumstances where the land was considered "claimable" under the statutory criteria.

The applicant argued that while the Land Council might have had a right to an order for transfer, the amendment did not alter this fundamental right. The applicant contended that the amendment related to the "nature or mode of tenure" by which the Minister was to satisfy the claim or the Minister's duty to give effect to an order for transfer, rather than the existence of the right itself. The applicant's position was that the Land Council's right to an order for transfer remained "entirely unimperilled and unaffected" by the amendment.

The High Court granted special leave to appeal.