Risk, Bill & Anor on behalf of the Larrakia People v Williamson, Douglas QC in his capacity as a Member of The Native Title Tribunal & Ors [1998] FCA 640

FEDERAL COURT OF AUSTRALIA NATIVE TITLE - proposed compulsory acquisition of native title rights and interests - purpose of acquisition - meaning of "Compulsory Acquisition Act" - whether Government party negotiated in good faith. Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 16 Judiciary Act 1903 (Cth) s 39B Native Title Act 1993 (Cth) ss 23, 26, 29, 31, 33, 35, 38, 75, 139, 148,156, 162, 235, 238, 253, Lands Acquisition Act 1978 (NT) Lands Acquisition Amendment Act (No 31) of 1998 (NT) Walley v State of Western Australia (1996) 67 FCR 366 followed North Ganalanja Aboriginal Corporation (for and on behalf of the Waanji People) v State of Queensland [1996] 135 ALR 225 mentioned Gard v Commissioners of Sewers of the City of London (1885) 28 ChD 486 cited Thompson v Randwick Corporation (1950) 81 CLR 87 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 followed Sean Investments Pty Ltd v MacKellor (1981) 38 ALR 363 followed Elliott v Southwark London Borough Council [1976] 2 ALL ER 781 followed Minister for Immigration and Ethnic Affairs v Wu Shan (1996) 136 ALR 481 followed Craig v The State of South Australia (1995) 184 CLR 163 followed Mineralogy Pty Ltd v National Native Title Tribunal (1997) 150 ALR 467 followed Federal Engine-Drivers and Firemen's Association of Australasia v Broken Hill Pty Co. Ltd (1911) 12 CLR 398 followed R v Blakeley; Ex parte Association of Architects, Engineers, Surveyors and Draughtsmen of Australia (1950) 82 CLR 54 followed Downs Distributing Co Pty Ltd v Associated Blue Star Stores Pty Ltd (In liq) (1948) 76 CLR 463 noted Re Hyams; Official Receiver v Hyams (1970) 19 FLR 232 noted Official Trustee in Bankruptcy v Mitchell (1992) 38 FCR 364 mentioned Mid Density Developments Pty Ltd v Rockdale Municipal Council (1993) 44 FCR 290 noted