Yougarla & Ors v WA & Anor

The applicants, Yougarla and others, sought judicial review of a decision made by the Western Australian Minister for Aboriginal Affairs and the Aboriginal Lands Trust. The dispute concerned the Minister's refusal to grant consent to the applicants to commence proceedings for a determination of native title over certain land in Western Australia. The matter came before Gummow J in chambers.

The primary legal issue before the court was whether the Minister's refusal to grant consent was a decision that could be challenged by way of judicial review. Specifically, the applicants contended that the Minister's decision was vitiated by an error of law, arguing that the Minister had failed to consider relevant matters and had taken into account irrelevant considerations when making the decision.

Gummow J considered the nature of the Minister's power to grant or refuse consent under the relevant legislation. His Honour found that the power to refuse consent was not an unfettered discretion but was subject to the principles of administrative law. The court determined that the Minister's decision-making process was amenable to judicial review if it could be shown to be affected by legal error, such as a failure to consider relevant factors or the consideration of irrelevant ones.

The application for judicial review was dismissed.