R v Kearney; Ex parte Japanangka

The High Court of Australia considered an application for prohibition by Mr. Japanangka against the Honourable Mr. Justice Kearney, a judge of the Supreme Court of the Northern Territory, and the Northern Land Council. The dispute concerned the jurisdiction of the Supreme Court to hear and determine a claim brought by Mr. Japanangka against the Northern Land Council concerning the management of Aboriginal land.

The central legal issue before the High Court was whether the Supreme Court of the Northern Territory possessed the constitutional power to entertain a claim that involved the interpretation and application of the *Aboriginal Land Rights (Northern Territory) Act 1976* (Cth). Specifically, the Court had to determine if the Act, by vesting certain powers and responsibilities in the Northern Land Council, had the effect of ousting the jurisdiction of the Supreme Court in matters relating to the management of Aboriginal land.

The High Court held that the *Aboriginal Land Rights (Northern Territory) Act 1976* did not confer exclusive jurisdiction on any tribunal to the exclusion of the Supreme Court. The Court reasoned that the Act did not contain any express or implied provision that would prevent the Supreme Court from exercising its traditional supervisory and appellate jurisdiction over the actions of statutory bodies like the Northern Land Council. The principle applied was that legislative intent to exclude the jurisdiction of superior courts must be clear and unambiguous.

The application for prohibition was dismissed.