Guiseppe v Registrar of Aboriginal Corporations [2007] FCAFC 91

FEDERAL COURT OF AUSTRALIA

Guiseppe v Registrar of Aboriginal Corporations [2007] FCAFC 91

ADMINISTRATIVE LAW – validity of the appointment of an administrator to an Aboriginal corporation – period of one day to show cause against appointment of an administrator was not a reasonable period as expressly required by the statute – consequent appointment of the administrator was invalid – primary Judge underestimated the difficulties faced by the corporation in responding to the notice and overestimated the urgency of the situation – no denial of natural justice where the show cause notice was based only on the decision to cease funding to the corporation and not the causes for that decision and no opportunity given to respond to those causes – whether minister had the requisite authority to approve the appointment of the administrator where approval minuted prior to authorisation of minister in question – whether presumptions of continuance and regularity applied – whether relief futile WORDS AND PHRASES – "reasonable period", "prior approval" Aboriginal Councils and Associations Act 1976 (Cth), ss 60, 60A, 61, 62A, 68, 70, 71, 80 Acts Interpretation Act 1901 (Cth), s 18C Mario Guiseppe v Registrar of Aboriginal Corporations [2006] FCA 1692 reversed Brickworks Ltd v Warringah Corporation (1963) 108 CLR 568 cited Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135cited Coulton v Holcombe (1986) 162 CLR 1 cited Fox v Percy (2003) 214 CLR 118 cited Gosford Christian School Ltd v Totonjian (2006) 201 FLR 424 cited Jameson v Guri Wa Ngundagar Aboriginal Corporation [2001] FCA 1104 overruled in part Mason v Tritton (1994) 34 NSWLR 572 cited McLean Bros and Rigg Ltd v Grice (1906) 4 CLR 835 cited Minister for Natural Resources v NSW Aboriginal Land Council (1987) 9 NSWLR 154 cited Owners – Strata Plan No 23007 v Cross (2006) 153 FCR 398 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied Stead v State Government Insurance Commission (1986) 161 CLR 141 cited Sutherland Shire Council v Finch (1970) 123 CLR 657 cited MARIO GUISEPPE v REGISTRAR OF ABORIGINAL CORPORATIONS AND BRIAN MCMASTER NSD 2516 OF 2006