Risk v National Native Title Tribunal

Case [2000] FCA 1589


FEDERAL COURT OF AUSTRALIA

Risk v National Native Title Tribunal [2000] FCA 1589

NATIVE TITLE – Review of Registrar’s decision to register claim – information placed before Registrar incorrect – whether delegate erred in law – information Registrar entitled to have regard to – whether Registrar complied with provisions of subs 190C(3) – composition of “native title claim group” - authorisation and identification of “native title claim group” – whether matter should be referred back to Tribunal

Administrative Decisions (Judicial Review) Act 1977 (Cth)
Native Title Act 1993 (Cth) ss 61, 62 190A, 190B, 190C, 190C(4) 251B, 253
Lands Acquisition Act (NT)
Native Title Amendment Act 1998 (Cth)

Western Australia v Strickland (2000) FCA 1530 applied
Powder Family, on behalf of the Jetimarala People v Registrar, Native Title Tribunal [1999] FCA 913 referred to
Mabo v Queensland No 2 (1991-1992) 175 CLR 1 cited
State of Western Australia v Ben Ward and Others [2000] 170 ALR 159 cited
Moran v Minister for Land & Water Conservation for the State of New South Wales [1999] FCA 1637 applied

WILLIAM RISK v NATIONAL NATIVE TITLE TRIBUNAL and KEVIN LANCE QUALL

NO D 9 of 2000

O’LOUGHLIN J
ADELAIDE
10 NOVEMBER 2000


IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

D 9 OF 2000

BETWEEN:

WILLIAM RISK
APPLICANT

AND:

NATIONAL NATIVE TITLE TRIBUNAL
FIRST RESPONDENT

KEVIN LANCE QUALL
SECOND RESPONDENT

JUDGE:

O’LOUGHLIN J

DATE OF ORDER:

10 NOVEMBER 2000

WHERE MADE:

ADELAIDE (heard in Darwin)

THE COURT ORDERS THAT:

1.The decision of the delegate be set aside with effect from the date of the decision, 31 May 2000.

2.The Registrar is to refrain from accepting registration of the application of Mr Quall in its present form.

3.The second respondent pay the costs of the applicant which costs are to be taxed in default of agreement.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT

REGISTRY

D 9 OF 2000

BETWEEN:

WILLIAM RISK
APPLICANT

AND:

NATIONAL NATIVE TITLE TRIBUNAL
FIRST RESPONDENT

KEVIN LANCE QUALL
SECOND RESPONDENT

JUDGE:

O’LOUGHLIN J

DATE:

10 NOVEMBER 2000

PLACE:

ADELAIDE (heard in Darwin)

REASONS FOR JUDGMENT

  1. These proceedings, which have been commenced under the Administrative Decisions (Judicial Review) Act 1977 (Cth) (“the ADJR Act”), have been instituted by William Maxwell Risk (”Mr Risk”). Mr Risk has claimed that he is aggrieved by a decision (“the decision”) of the Registrar of the National Native Title Tribunal (“the Tribunal”). Pursuant to that decision, the Registrar on 31 May 2000, accepted for registration, pursuant to s 190A of the Native Title Act 1993 (Cth) (“the Act”) an application for a determination of native title. On 8 October 1996, the relevant application, claiming native title over certain land, was lodged in the Northern Territory Registry of the Tribunal. The name of the applicant was Kevin Lance Quall (also known as Tibby Quall) (“Mr Quall”); he is the second named respondent in these proceedings; the…

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AGLC
Risk v National Native Title Tribunal [2000] FCA 1589
Case
[2000] FCA 1589
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, Risk sought judicial review of a decision made by the National Native Title Tribunal, which had refused to accept Risk's application for native title. The application was subsequently accepted by the Tribunal in the form submitted by Mr Quall, Risk's legal representative. The primary issue before the court was whether the Tribunal had exercised its powers in accordance with the applicable statutory provisions, specifically whether the Tribunal had the authority to accept an application in a form different from that submitted by the applicant.

The court found that the Tribunal had not exercised its powers in accordance with the relevant statutory provisions. The Tribunal was required to accept the application in the form in which it was submitted by the applicant, and it was not within the Tribunal's power to accept the application in a different form. The court found that the Tribunal had acted beyond its statutory powers by accepting the application in the form submitted by Mr Quall, and that this constituted an error of law.

Consequently, the court set aside the decision of the Tribunal and ordered that the Registrar refrain from accepting the registration of the application in its present form. The court also ordered that the second respondent, Mr Quall, pay the costs of the applicant. The court held that it was appropriate to set aside the decision of the Tribunal and to order costs because the Tribunal had acted beyond its statutory powers and had thereby caused injustice to the applicant.

Orders

Orders of the court

1. The decision of the delegate be set aside with effect from the date of the decision, 31 May 2000.

2. The Registrar is to refrain from accepting registration of the application of Mr Quall in its present form.

3. The second respondent pay the costs of the applicant which costs are to be taxed in default of agreement.

Note:

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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