New South Wales Aboriginal Land Council & Anor v Aboriginal & Torres Strait Island Commission & Anor [1995] FCA 672

CATCHWORDS ADMINISTRATIVE LAW - Decision by statutory corporation to allocate 10/12 of funds available for land acquisition in 2 years for acquisition of land in Northern Territory - whether decision or conduct leading to the making of a decision within the Administrative Decisions (Judicial Review) Act 1977 ss5,6 FEDERAL COURT - Jurisdiction - whether application for relief against Chief Executive Officer of the Aboriginal and Torres Strait Islander Commission ("ATSIC") colourable - whether jurisdiction conferred upon the Court by Judiciary Act 1903 s39B FEDERAL COURT - Associated Jurisdiction - whether accrued jurisdiction attached where application made (bona fide) for relief under the Administrative Decisions (Judicial Review) Act in circumstances where ultimately held that there was no decision or conduct reviewable under that Act ADMINISTRATIVE LAW - whether ATSIC decision to allocate funds unreasonable - whether ATSIC failed to take account of relevant considerations and took into account irrelevant considerations.

Aboriginal and Torres Strait Islander Commission Act 1989 (Cth); ss7(1), 10, 14, 45, 46 Land Fund and Indigenous Land Corporation (ATSIC Amendment) Act 1995 (Cth); s191U Aboriginal Land Rights (Northern Territory) Act 1976 (Cth); s50(1)(a) Judiciary Act 1903 (Cth); s39B Administrative Decisions (Judicial Review) Act 1977 (Cth); ss3, 5, 6, 7, Federal Court of Australia Act 1976; ss19, 21 Constitution of Australia; ss71, 75, 76, 777 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; followed Tasmanian Conservation Trust Inc v Minister for Resources (1995) 127 ALR 580; distinguished Bank of Western Australia v Federal Commissioner of Taxation (1994) 125 ALR 605; applied R v Cook; Ex parte Twigg (1980) 147 CLR 15; followed Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212; distinguished Post Office Agents Association Limited v Australian Postal Commission (1988) 84 ALR 563; applied Queensland Medical Laboratory v Blewett (1988) 84 ALR 615; distinguished Fencott v Muller (1983) 152 CLR 570; referred to Stack v Coast Securities (No 9) Pty Ltd (1983) 154 CLR 261; distinguished Carlton and United Breweries Ltd v Castlemaine Tooheys Ltd (1986) 161 CLR 543; applied