Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kooma Aboriginal Corp for Land v Goolburri Regional Council of the Aboriginal & Torres Strait Islander Commission [1999] FCA 82 ADMINISTRATIVE LAW – judicial review – available relief - where decision by regional council of Aboriginal and Torres Strait Islander Commission to revoke funding for Aboriginal corporation –where failure by Aboriginal corporation to comply with Aboriginal and Torres Strait Islander Commission Funding Procedures and Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) – where subsequent grants of money by regional council of Aboriginal and Torres Strait Islander Commission to Aboriginal corporation withheld or withdrawn for breach of conditions of earlier grant – where these subsequent decisions not subject to application for order of review
KOOMA ABORIGINAL CORPORATION FOR LAND v GOOLBURRI REGIONAL COUNCIL OF THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION QG 156 OF 1998 SPENDER J 5 FEBRUARY 1999 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 156 of 1998
BETWEEN: KOOMA ABORIGINAL CORPORATION FOR LAND
APPLICANT
AND: GOOLBURRI REGIONAL COUNCIL OF THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION
RESPONDENT
JUDGE(S): SPENDER J
DATE OF ORDER: 5 FEBRUARY 1999
WHERE MADE: BRISBANE
THE COURT DECLARES THAT:
The demand of Mr Kay contained in the letter of 18 November 1998 is not a valid exercise of the power concerning the suspension of the release of grant funds conferred under clause 9.3 of the general conditions relating to grants between the Aboriginal and Torres Strait Islander Commission and a grantee.
THE COURT ORDERS THAT:
1. Decision 452 of the Goolburri Regional Council of the Aboriginal and Torres Strait Islander Commission dated 25 September 1998 be set aside. 2. The respondent pay the applicant's costs in the proceedings, including reserved costs, to be taxed if not agreed.
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