Rose & Ors v NSW Native Title Services & Anor

The applicants, Rose and others, sought judicial review of decisions made by the respondent, NSW Native Title Services, and the Attorney-General for New South Wales, concerning the registration of an Indigenous Land Use Agreement (ILUA). The dispute centred on whether the respondents had acted unlawfully in their dealings with the applicants regarding the registration of the ILUA. The matter came before the High Court of Australia.

The High Court was required to determine whether the respondents had breached their statutory duties owed to the applicants under the *Native Title Act 1993* (Cth) and, if so, whether the applicants were entitled to relief. Specifically, the court considered whether the respondents had a duty to ensure the ILUA was registered in accordance with the Act, and whether their actions or omissions amounted to a failure to perform such a duty. The question of whether the applicants had a sufficient interest to bring the proceedings was also a key issue.

The High Court found that the respondents did not owe a personal duty of care to the applicants in relation to the registration of the ILUA. Their obligations were statutory, and the court determined that the *Native Title Act* did not create a cause of action for individuals against the Native Title Representative Body or the Attorney-General for failure to register an ILUA. The court reasoned that the statutory scheme provided for the registration of ILUAs and did not contemplate private litigation for non-registration. The applicants' claim for judicial review was therefore dismissed.