In the matter of an application for writs of prohibition and certiorari against the Honourabel Sir William John Francis Kearney, Aboriginal Land Commissioner and in the matter of the Jawoyn (Katherine area) land claim Ex Parte the Attorney-General for the Northern Territory of Australia The Attorney-General for the Northern Territory of Australia v the Honourable Sir William John Francis Kearney, Aboriginal Land Commissioner & Anor and in the matter of the Jawoyn (Katherine area) land claim In the matter of an application for writs of prohibition and certiorari against the Honourable Air William John Francis Kearney, Aboriginal Land Commissioner and in the matter of the Kenbi (Cox Peninsula) land claim Ex Parte the Attorney-General for the Northern Territory of Australia [1984] FCA 282

CATCHWORDS

Evidence - Administrative Law - Legal professional privilege -

Aboriginal land claim - issue whether regulations invalid as having been made for a purpose outside the regulation-making power - Discovery - Application to review order made by Aboriginal Land Commissioner directing production of documents - Communications between the Government of the Northern Territory and its legal advisers - Instructions for the preparation of subordinate legislation - Legal advisers full-time salaried officers in the public service - Limits on the extent of the privilege - Whether privilege protects documents relevant to

the issue whether a statutory power has been exercised for an

ulterior purpose.

Practice and Procedure - Application for review - Circumstances in which a Full Court of the Federal Court of Australia may exercise original jurisdiction with respect to application

under the Administrative Decisions (Judicial Review) Act 1977.

Federal Court of Australia Act 1976, ss. 14, 15, 20

No.G78 of 1984

IN THE MATTER of an Application for Writs of Prohibition and Certiorari against THE HONOURABLE SIR WILLIAM JOHN FRANCIS KEARNEY, ABORIGINAL D_COMMLSS TONER

AND IN THE MATTER of the JAWOYN (KATHERINE AREA) LAND CLAIM Ex parte, the ATTORNEY-GENERAL FOR THE NORTHERN TERRLIORY OF AUSTRALIA ae

No. G191 of 1984

THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA Vv. THE HONOURABLE SIR WILLIAM JOHN FRANCIS KEARNEY, ABORIGINAL LAd and IN THE MATTER

an LAD OUNC TI of the JAWOYN (KATHERINE AREA) LAND CLAIM

No. G79 of 1984

IN THE MATTER of an Application for Writs of Prohibition and Certiorari against THE HONOURABLE AIR WILLIAM JOHN FRANCIS KEARNEY, ABORIGINAL LAND COMMISSIONER and IN THE MATTER of the

KENBI (COX PENINSULA) LAND CLAIM Ex parte, the ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF