Risk v Native Title Registrar

Case [2001] FCA 1120

FEDERAL COURT OF AUSTRALIA

Risk v Native Title Registrar [2001] FCA 1120

Native Title Act 1993 (Cth)

Risk v National Native Title Tribunal [2000] FCA 1589

WILLIAM MAXWELL RISK (ON BEHALF OF THE LARRAKIA PEOPLE) v THE NATIVE TITLE REGISTRAR AND KEVIN LANCE QUALL

D 14 OF 2001

WILLIAM MAXWELL RISK (ON BEHALF OF THE LARRAKIA PEOPLE) v THE NATIVE TITLE REGISTRAR AND KEVIN LANCE QUALL
D 15 OF 2001

MANSFIELD J
DARWIN
9 AUGUST 2001


IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

D 14 OF 2001

BETWEEN:

WILLIAM MAXWELL RISK
(ON BEHALF OF THE LARRAKIA PEOPLE)
APPLICANT

AND:

THE NATIVE TITLE REGISTRAR
FIRST RESPONDENT

KEVIN LANCE QUALL
SECOND RESPONDENT

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

D 15 OF 2001

BETWEEN:

WILLIAM MAXWELL RISK
(ON BEHALF OF THE LARRAKIA PEOPLE)
APPLICANT

AND:

THE NATIVE TITLE REGISTRAR
FIRST RESPONDENT

KEVIN LANCE QUALL
SECOND RESPONDENT

JUDGE:

MANSFIELD J

DATE OF ORDER:

9 AUGUST 2001

WHERE MADE:

DARWIN

THE COURT ORDERS THAT:

In matter number D14 of 2001 :

1.The decision of the delegate of the Registrar be set aside with effect from the date of the decision 28 June 2000;

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

In matter number D15 of 2001 :

1.The decision of the delegate of the Registrar be set aside with effect from the date of the decision of 29 June 2000;

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

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 14 OF 2001

BETWEEN:

WILLIAM MAXWELL RISK
(ON BEHALF OF THE LARRAKIA PEOPLE)
APPLICANT

AND:

THE NATIVE TITLE REGISTRAR
FIRST RESPONDENT

KEVIN LANCE QUALL
SECOND RESPONDENT

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

D 15 OF 2001

BETWEEN:

WILLIAM MAXWELL RISK
(ON BEHALF OF THE LARRAKIA PEOPLE)
APPLICANT

AND:

THE NATIVE TITLE REGISTRAR
FIRST RESPONDENT

KEVIN LANCE QUALL
SECOND RESPONDENT

JUDGE:

MANSFIELD J

DATE:

9 AUGUST 2001

PLACE:

DARWIN

EX TEMPORE REASONS FOR JUDGMENT

  1. The applicant seeks judicial review in these two matters of decisions of the Registrar of the National Native Title Tribunal (“the Registrar”) through a delegate made on 28 and 29 June 2000 to register under s 190A of the Native Title Act 1993 (Cth) (“the Act”), the native title claim application made by the second respondent Kevin Lance (Tibby) Quall (“Mr Quall”). In each case the native title claim application was made on 18 December 1996 but had been amended prior to the decision of the delegate of the Registrar.

  2. The two applications by Mr Quall relate to land which has conveniently been called land in the Winnellie/Berrimah area in Darwin and land in the One Mile Dam area in Darwin.  The land the subject of those claims overlaps, at least in part, with…

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Details
AGLC
Risk v Native Title Registrar [2001] FCA 1120
Case
[2001] FCA 1120
Decision Date

CaseChat Overview and Summary

The case of Risk v Native Title Registrar involved two applicants, Mr Risk and Mr Quall, who sought to have their native title applications registered. The dispute was heard by the Federal Court of Australia. The primary issue for determination was whether the Native Title Registrar had the authority to reject the applicants' native title claims on the grounds that they were not in the correct form.

The court had to decide whether the Registrar was correct in setting aside the determinations made by the delegate and refusing to register the applicants' claims due to the format of the applications. The applicants argued that the Registrar's actions were beyond their authority and that the applications should have been accepted as they were, pending clarification on the form requirements. The court considered the statutory framework governing the registration of native title claims, including the Native Title Act 1993 (Cth), and the principles of administrative law that guide the exercise of discretion by administrative officers.

The court found that the Registrar had indeed overstepped their authority by setting aside the delegate's determinations without a proper basis in law. The court held that the Registrar's actions were not in accordance with the legislative intent and were thus unlawful. The court ordered that the Registrar's decisions be set aside and that they refrain from accepting the registration of the applicants' claims in their current form. The court also noted that the applicants' claims should be reconsidered in light of any necessary clarifications regarding the appropriate form for such applications.

Orders

Orders of the court

In matter number D14 of 2001 :

1. The decision of the delegate of the Registrar be set aside with effect from the date of the decision 28 June 2000;

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

In matter number D15 of 2001 :

1. The decision of the delegate of the Registrar be set aside with effect from the date of the decision of 29 June 2000;

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

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

MANSFIELD J

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Ratio Decidendi

Legal Principle Established

Established by: MANSFIELD J

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