Attorney-General for the N.T. Re Matter for an application against Maurice, M. (Warumungu Land Claim) [1987] FCA 197

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—- v. er araas ' as a } A a] CATCHWORDS

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|- -=° -Administrative Law - prohibition - Aboriginal Land Commissioner - I

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~""""driquiry into Aboriginal land claims - writ of prohibition against

! Commissioner on grounds of bias in the legal sense - test to

apply to statutory commission. eed

'=: - 'Aboriginal Land Rights (Northern Territory) Act -1976 -(Cth}-s.59 _

No. Gl19 of 1987 - oc). - No. G120 of 1987 Dole ee oe

> °- "IN-THE MATTER of an Application for a Writ of Prohibitton

~L . against the -HONOURABLE MICHAEL DAVID ANDREW MAURICE, "ABORIGINAL

- LAND. COMMISSTONER AND THE NORTHERN LAND COUNCIL and THE CENTRAG THE CENTRAL

.- LAND COUNCIL AND THE MUNICIPALITY OF TENNANT CREEK 'AND THE THE

-. COMMONWEALTH AND IN THE MATTER OF THE WARUMUNGU LAND C1 CLAIM and .~._the KENBI_ (COX PENINSULA) LAND CLAIM EX PARTE, THE

.- _ _ ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA AND the

NORTHERN TERRITORY LAND CORPORATION

BOWEN C.J., LOCKHART and SHEPPARD Jd. SYDNEY 13 APRIL 1987

' IN SHE FEDERAL COURT OF AUSTRALIA )

"NEW SOUTH WALES DISTRICT REGISTRY ) No. G120 of 1987 GENERAL DIVISION } BETWEEN THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA

First Applicant AND

THE NORTHERN TERRITORY LAND CORPORATION

Second Applicant

AND

THE HONOURABLE MICHAEL DAVID ANDREW MAURICE, ABORIGINAL LAND COMMISSIONER

First Respondent

THE NORTHERN LAND COUNCIL and THE CENTRAL LAND COUNCIL

Second Respondents

AND ' THE MUNICIPALITY OF TENNANT CREEK Third Respondent AND

THE COMMONWEALTH

Fourth Respondent

COURT: Bowen, C.J., Lockhart and Sheppard JJ. DATE: 13 April 1987

PLACE: Sydney.

. MINUTE OF ORDER

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THE COURT ORDERS THAT: "-

1.°- - The application for a Writ of Prohibition against the

-Honourable Mr Justice Michael David Andrew Maurice,

Aboriginal Land Commissioner prohibiting him from

-" .7° s -° "further proceeding with the hearing of the Warumungu > - Band Claim and from exercising any of his powers or