Northern Land Council v Quall (No 3) [2021] FCAFC 2

Federal Court of Australia

Northern Land Council v Quall (No 3) [2021] FCAFC 2 Appeal from: Quall v Northern Land Council [2018] FCA 989

File number: NTD 30 of 2018

Judgment of: GRIFFITHS, Mortimer AND WHITE JJ

Date of judgment: 18 January 2021

Catchwords: PRACTICE AND PROCEDURE – application for leave to adduce further evidence – whether the Court should in its discretion under s 27 of the Federal Court of Australia Act 1976 (Cth) admit further evidence in the appeal – leave granted NATIVE TITLE – whether the certification function conferred on the Northern Land Council by s 203BE(1)(b) of the Native Title Act 1993 (Cth) was duly delegated by that representative body to the CEO under s 27(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) – appeal allowed

Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Federal Court of Australia Act 1976 (Cth), s 27 Native Title Act 1993 (Cth), ss 24CG(3)(a), 203BE(1)(b)

Cases cited: Australian Chemical Refiners Pty Ltd v Bradwell (unreported, New South Wales Court of Criminal Appeal, 28 February 1986) CDJ v VAJ [1998] HCA 67; 197 CLR 172 Cottrell v Wilcox [2002] FCAFC 53 Kedem v Johnson Lawyers Legal Practice Pty Ltd [2014] FCAFC 3 Northern Land Council v Quall [2019] FCAFC 77 Northern Land Council v Quall [2020] HCA 33 Re Culleton [2018] HCA 33; 358 ALR 678 Sobey v Nicol and Davies, in the Matter of Guiseppe Antonio Mercorella [2007] FCAFC 136; 245 ALR 389 Watson Australian Community Pharmacy Authority [2012] FCAFC 142; 206 FCR 365