FEDERAL COURT OF AUSTRALIA
Quall v Northern Land Council [2018] FCA 989
File numbers: NTD 45 of 2017
NTD 54 of 2017Judge: REEVES J Date of judgment: 29 June 2018 Catchwords: NATIVE TITLE – application for review of a representative body’s decision to certify an application for registration of an Indigenous Land Use Agreement under s 203BE of the Native Title Act 1993 (Cth) (the NTA) – the history of amendments to the functions of representative bodies under the NTA – whether the certification function under s 203BE(1)(b) of the NTA is delegable – whether the power in s 203BK of the NTA operated to allow a valid delegation of the certification function – whether this certification function had been validly delegated in circumstances where the delegation occurred before the certification function came into existence – whether a certification was a valid certification for the purposes of s 24CG(3)(a) of the NTA Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)
Acts Interpretation Act 1901 (Cth)
Acts Interpretation Amendment Act 1911 (Cth)
Australian Securities Commission Act 1989 (Cth)
Corporations Law
Native Title Act 1993 (Cth)
Clean Air Act 1961 (NSW)
Explanatory Memorandum, Acts Interpretation Amendment Bill 2011
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27; [2009] HCA 41
Australian Chemical Refiners Pty Ltd v Bradwell (unreported, New South Wales Court of Criminal Appeal, Street CJ, Slattery and Finlay JJ, 28 February 1986)
Carltona Ltd v Commissioners of Works [1943] 2 All ER 560
Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd (2017) 251 FCR 404; [2017] FCAFC 75
Commissioner of Taxation of the Commonwealth of Australia v Consolidated Media Holdings Ltd (2012) 250 CLR 503; [2012] HCA 55
Mercantile Mutual Life Insurance Co Limited v Australian Securities Commission (1993) 40 FCR 409
Newcrest Mining Limited v Thornton (2012) 248 CLR 555; [2012] HCA 60
Northside Developments Proprietary Limited v Registrar-General (1990) 170 CLR 146
O’Reilly v State Bank of Victoria Commissioners (1983) 153 CLR 1
Re Reference under section 11 of Ombudsman Act 1976 for an advisory opinion; Ex parte Director-General of Social Services (1979) 2 ALD 86
Thiess v Collector of Customs (2014) 250 CLR 664; [2014] HCA 12
Bartlett, RH Native Title in Australia (3rd ed, LexisNexis Butterworths, 2015)
Date of hearing: 15 June 2018 Registry: Northern Territory Division: General Division National Practice Area: Native Title Category: Catchwords Number of paragraphs: 41 Counsel for the Applicants: P McIntyre Solicitor for the Applicants: Matthews Legal Counsel for the Respondents: P Willis SC Solicitor for the Respondents: Northern Land Council ORDERS
NTD 45 of 2017 BETWEEN: KEVIN LANCE QUALL
Applicant
AND: NORTHERN LAND COUNCIL
First Respondent
JOE MORRISON AS CHIEF EXECUTIVE OFFICER OF THE NORTHERN LAND COUNCIL
Second Respondent
JUDGE:
REEVES J
DATE OF ORDER:
29 JUNE 2018
THE COURT DECLARES THAT:
1.The first respondent has not, by a certificate dated 13 March 2017 signed by the second respondent, certified…
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- Case
- [2018] FCA 989
- Decision Date
CaseChat Overview and Summary
The court was required to determine several key legal issues: whether the certification function was delegable under the NTA, whether the NLC's resolution to delegate this function was valid, and whether the delegation was effective given it occurred before the function was established. Another critical issue was whether the certification in question met the requirements of section 24CG(3)(a) of the NTA.
The court found that the NLC, while exercising certain functions under Part 11 of the NTA, did so as a statutory body corporate rather than a statutory authority. Consequently, the authority of its Council members and CEO was akin to that of a body corporate, where individual directors can only bind the company through a board resolution. The court concluded that neither the 1996 resolution nor the 2000 instrument validly delegated the certification function to the CEO. As a result, the NLC had not properly performed its functions under section 203BE(1)(b) of the NTA in certifying the ILUA application. Therefore, the certificate was not valid under section 24CG(3)(a) of the NTA.
ORDERS:
1. The first respondent pay the applicant’s costs.
Orders
Orders of the court
1. The first respondent pay the applicant’s costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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