Re The Aboriginal Land Rights (NT) Act 1976 & The Alcoota Land Claim No 146 [1998] FCA 281

FEDERAL COURT OF AUSTRALIA

ABORIGINAL LAND RIGHTS - application made to ascertain traditional Aboriginal owners of land and for recommendation by Aboriginal Land Commissioner that land be granted to Aboriginal traditional owners - inquiry being conducted by Aboriginal Land Commissioner to ascertain traditional Aboriginal owners of land - estate or interest in land held by or on behalf of Aboriginals by Aboriginal Corporation - consent of Aboriginal Corporation to making of application required - whether consent given by Aboriginal Corporation or by its administrator - whether consent may be withdrawn. ABORIGINAL CORPORATIONS - appointment of administrator - means of appointment - validity of appointment - powers of administrator - whether administrator has power to consent to application under Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) - applicability of 'indoor management rule' to consent apparently given - form of consent - circumstances of consent in issue - means of termination of appointment of administrator - when cancellation of appointment of administrator took effect. PRACTICE AND PROCEDURE - questions of law referred to Court for determination by Aboriginal Land Commissioner - stated case - whether referral appropriate when issues of fact not fully resolved - power of Court to draw inferences of fact from stated case - extent of power - whether questions of law should be answered in circumstances. Aboriginal Councils and Associations Act 1976 (Cth) s 46(4), s 71, s 72, s 73, s 74, s 75, s 77D, s 77E Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) s 50, s 54D Federal Court Rules O 50 Brisbane City Council v The Valuer-General for the State of Queensland (1978) 140 CLR 41 - Appl Windsor Refrigerator Co Ltd v Branch Nominees Ltd [1961] Ch 375 - Appl Allen v Gulf Oil Refining Ltd [1981] AC 1001 - Cited Rocklea Spinning Mills Limited v Anti-Dumping Authority (1995) 56 FCR 406 - Cited Tilling v Whiteman [1980] AC 1 - Cited Aluminium Products (Qld) Pty Ltd v Hill [1981] Qd R 33 - Cited White v Ridley (1978) 140 CLR 342 - Cited Chippendale Printing Co Pty Ltd v Commonwealth (1995) 17 ACSR 328 - Cited Swift Australian Co (Pty) Limited v South British Insurance Co Ltd [1970] VR 368 - Appl Hatfield v Cummins & Campbell Ltd [1912] St R Qd 85 - Cited Australian Commonwealth Shipping Board v Federated Seamen's Union of Australasia (1925) 36 CLR 442 Cited Burgess v Morton [1896] AC 136 - Cited Schumacher Mill Furnishing Works Proprietary Ltd v Smail (1916) 21 CLR 149 - Cited Pearce v Federal Commissioner of Taxation (1978) 20 ALR 354 - Appl R v Rigby (1956) 100 CLR 146 - Cited Fowles v Eastern and Australian Steamship Co Ltd (1913) 17 CLR 149 - Cited Universal Cargo Carriers Corporation v Citati (No 2) [1958] 2 QB 254 - Cited/Appl Re Maurice; Ex parte Attorney-General for the Northern Territory (1987) 17 FCR 422 - Cited Royal British Bank v Turquand (1856) 6 F & B 327 - Disd/Appl Northside Developments Pty Ltd v Registrar-General (1990) 170 CLR 146 - Appl Morris v Kanssen [1946] AC 459 - Cited Johns v Connor (1992) 35 FCR 1 - Cited THE ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 AND THE ALCOOTA LAND CLAIM NO 146 No DG 10 of 1996 NORTHROP, COOPER AND MANSFIELD JJ ADELAIDE (HEARD IN DARWIN) 30 MARCH 1998