Raymond v Northern Territory of Australia [2004] FCAFC 258

FEDERAL COURT OF AUSTRALIA Raymond v Northern Territory of Australia [2004] FCAFC 258 ABORIGINES - Land rights - Traditional land claims - Pastoral lease - Effect of changes to the character of claimed land JUDICIAL REVIEW - Decision of Acting Aboriginal Land Commissioner declining to exercise function in relation to land claim - Where land held by Aboriginals at time claim was made - Where land subsequently sold to non-Aboriginals - Where Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) ('the Act') provides that the claim shall not proceed in the absence of consent from the Aboriginal interest holders - Whether Commissioner prevented from performing functions under the Act Aboriginal Land Rights (Northern Territory) Amendment Act 1987 (Cth) Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) s 3(1), 11, 12, 50, 50(1)(a), 50(3), 50(2A), 50(2C), 50(2D), 67A Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) s 39B

Alcoota Aboriginal Corporation v Gray [2003] NTCA 14 discussed The Queen v Toohey; Ex parte Attorney General (Northern Territory) (1980) 145 CLR 374 cited Saraswati v The Queen (1997) 172 CLR 1 referred to The Queen v Toohey; ex parte Northern Land Council (1981) 151 CLR 170 considered The Queen v Kearney; ex parte Northern Land Council (1984) 158 CLR 365 followed The Queen v Kearney; ex parte Japanangka (1984) 158 CLR 395 considered Whittaker v Comcare (1998) 86 FCR 532 applied POMPEY RAYMOND v NORTHERN TERRITORY OF AUSTRALIA & ORS D 4 OF 2004 BLACK CJ, MOORE & HELY JJ 14 SEPTEMBER 2004 MELBOURNE (HEARD IN DARWIN)

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D 4 OF 2004

BETWEEN: POMPEY RAYMOND

APPLICANT

AND: NORTHERN TERRITORY OF AUSTRALIA

FIRST RESPONDENT