Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Huddleston v Aboriginal Land Commissioner [2010] FCAFC 66 Citation: Huddleston v Aboriginal Land Commissioner [2010] FCAFC 66
Parties: PADDY HUDDLESTON AND OTHERS v ABORIGINAL LAND COMMISSIONER and NORTHERN TERRITORY OF AUSTRALIA
File number(s): NTD 21 of 2009
Judges: KEANE CJ, SPENDER AND BARKER JJ
Date of judgment: 8 June 2010
Catchwords: ADMINISTRATIVE LAW – procedural fairness – request for information under s 67A(7) Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) – power to extend time – determination that information not provided within time – discretion to make determination contrasted with power to extend time – whether exercise of discretion to make determination vitiated by failure to accord procedural fairness
Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) s 67A(7) Acts Interpretation Act 1901 (Cth) s 33(3)
Cases cited: ApplicantNAFF of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs and Another (2004) 221 CLR 1 distinguished Kioa v West (1985) 159 CLR 550 applied Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam (2003) 214 CLR 1 applied
Date of hearing: 27 May 2010
Place: Darwin
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 41
Counsel for the Applicant: S A Glacken SC with C J Horan
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