Williams v Minister for Environment & Heritage [2004] FCAFC 58

FEDERAL COURT OF AUSTRALIA

Williams v Minister for Environment & Heritage [2004] FCAFC 58 APPEAL – whether lacking utility – whether temporary restraining order should have been made, pending reconsideration of Minister's decision – Minister's decision now reconsidered – occasion for making such an order now past ADMINISTRATIVE LAW – Aboriginal heritage protection – refusal of Minister to make protection order – Minister's decision quashed and matter remitted to Minister for reconsideration – whether power for Court to make order restraining mining activity on land pending reconsideration COSTS – indemnity costs – appeal lacking utility – whether appeal in the public interest – whether costs order should be made against lay advocate appearing by leave of the Court – whether appeal had no prospect of success when commenced Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 13, 16 Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) ss 3, 9 Federal Court of Australia Act 1976 (Cth) ss 21, 24

Johns v Australian Securities Commission (1993) 178 CLR 408 discussed Williams v Minister for the Environment & Heritage [2003] FCA 535 cited Williams v Minister for the Environment & Heritage [2003] FCA 627 cited In re Judiciary & Navigation Acts (1921) 29 CLR 257 applied Re McBain; Ex parte Australian Catholic Bishops Conference [2002] HCA 16 (2002) 209 CLR 372 applied Oshlack v Richmond River Council [1998] HCA 11 (1998) 193 CLR 72 distinguished Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [1998] HCA 30 (1998) 195 CLR 1 referred to Cachia v Hanes (1994) 179 CLR 403 referred to Knight v F P Special Assets Ltd (1992) 174 CLR 178 referred to Caboolture Park Shopping Centre Pty Ltd v White Industries (Qld) Pty Ltd (1993) 45 FCR 224 referred to Applicant NAGM of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 396 referred to Preston v Preston [1982] 1 All ER 41 referred to Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd & Others (1988) 81 ALR 397 referred to NEVILLE WILLIAMS v MINISTER FOR THE ENVIRONMENT AND HERITAGE AND BARRICK AUSTRALIA LTD (ACN 007 857 598) N 750 of 2003 GRAY, TAMBERLIN AND LANDER JJ 19 MARCH 2004 SYDNEY