Attorney General for N.T. of Australia v. Honourable M.D.A. Maurice, Aboriginal Land Commissioner & Ors [1986] FCA 86

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CATCHWORDS

Administrative law - Application for order of review and writ of mandamus against Aboriginal Lands Commissioner.

Evidence - Legal professional privilege ~- Claim book prepared for purposes of Aboriginal Land Claim - material 1n other documents

taken into account in preparing Claim Book - Privilege in Claim Book waived by publication - Whether privilege in other documents

also waived.

Evidence - Legal professional privilege - Document prepared after its author ceased to be employed in preparing Claim - Whether

privileged.

Evidence - Aboriginal Land Rights (Northern Territory) Act, s.23E - Information gleaned by employee of Land Council in preparing Claim - Whether s.23E prevents such information being given in evidence to Commissioner.

Aboriginal Land Rights (Northern Territory) Act 1976, ss.23A, 23B, 23C, 23D, 23E, 54. Administrative Decisions (Judicial Review) Act 1977.

Judiciary Act 1903, s.39B.

THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA v. THE HONOURABLE -~MICHAEL DAVID ANDREW MAURICE, ABORIGINAL LAND COMMISSIONER & ORS. AND IN THE MATTER OF THE WARUMUNGU LAND CLAIM

IN THE MATTER OF AN APPLICATION FOR A WRIT OF MANDAMUS AGAINST THE HONOURABLE MICHAEL DAVID ANDREW MAURICE, ABORIGINAL LAND COMMISSIONER & ORS AND IN THE MATTER OF THE WARUMUNGU LAND CLAIM; EX PARTE THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA

Bowen C.J., Woodward and Toohey JJ. 27 March 1986 Sydney

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IN THE FEDERAL COURT OF AUSTRALIA

} ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G324 of 1985 ) )

GENERAL DIVISION

BETWEEN :

THE ATTORNEY GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA

and

THE HONOURABLE MICHAEL DAVID ANDREW MAURICE, - ABORIGINAL LAND COMMISSIONER

First Respondent

THE CENTRAL LAND COUNCIL

Second Respondent

THE ABORIGINAL SACRED SITES PROTECTION AUTHORITY