Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review) Act
1977 - Indication by Minister of intention pursuant to s. 11 of
Aboriginal Land Rights (Northern Territory) Act 1976 to proceed with recommendation to Governor-General for the making of land grants -
scheme of Land Rights Act discussed - whether decision made by Minister to recommend land grant is subject to review under Judicial Review Act - whether relevant decisions were made by Governor-General and therefore within exclusion of sub-s. 3(1) of the Judicial Review Act - whether "decision" had yet been made by Minister - whether legally binding agreement for future use of land claimed could be made between the Northern Territory and the Central Land Council before land granted - whether the possibility of future Commonwealth legislation is a relevant consideration for Minister in deciding whether land grant should be recommended to Governor-General - whether Minister failed to take into consideration requirements of Land Rights Act - whether Court's discretion should be exercised.
Aboriginal Land Rights (Northern Territory) Act 1976: ss. 1l, 12, 14, 50, 67 and 74,
Acts Interpretation Act 1901: s. 16A.
Administrative Decisions (Judicial Review) Act 1977: ss. 3 and 5.
THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA v. MINISTER FOR ABORIGINAL AFFAIRS and GEORGE BROWN JUNGARRAYI, J.AWRENCE KELLY JAITAMARRA
No. G 378 of 1986
COURT: LOCKHART, NEAVES and GUMMOW JJ. 23° JULY 1987 SYDNEY
THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No. G. 378 of 1986
GENERAL DIVISION
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On Appeal from a Single Judge of the Federal Court of Australia
BETWEEN: THE ATTORNEY GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA Appellant AND: MINISTER FOR ABORIGINAL AFFAIRS
First Respondent
AND: GEORGE BROWN JUNGARRAYI LAWRENCE KELLY JAITAMARRA
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