National Aboriginal & Islanders Legal Services Secretariat Aboriginal Corp v Registrar of Aboriginal Corporations [1998] FCA 743

FEDERAL COURT OF AUSTRALIA

ADMINISTRATIVE LAW - Application for interlocutory injunction in the nature of a stay pending determination under Administrative Decisions (Judicial Review) Act 1977 and application under s 39B Judiciary Act 1903 (Cth) - Aboriginal corporations - prudential supervision - decision to examine documents and to appoint appropriate person - whether serious question to be tried - whether balance of convenience favours grant of interlocutory relief. Aboriginal Councils and Associations Act 1976 (Cth) Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 - Appl Aboriginal Development Commission v Ralkon Agricultural Co Pty Ltd (1987) 15 FCR 159 0 Dist Minosea Pty Ltd v ASC (1994) 14 ACSR 642 - Appl Boys v Australian Securities Commission (1998) 26 ACSR 464 (FC) - Cons

national aboriginal and islanders legal services secretariat aboriginal corporation AND queensland aboriginal and torres strait islanders corporation for legal services secretariat v the registrar of aboriginal corporations and garry j hamilton

No qg 46 of 1998

cooper j

brisbane

29 June 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 46 of 1998

BETWEEN: national aboriginal and islanders legal services secretariat aboriginal corporation

First Applicant

queensland aboriginal and torres strait islanders corporation for legal services secretariat

Second Applicant

AND: the registrar of aboriginal corporations

First Respondent

garry j hamilton

Second Respondent

JUDGE: COOPER J

DATE OF ORDER: 29 JUNE 1998

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicants pay the respondents' costs of and incidental to the application, including reserved costs if any, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.