Lansen v The Hon Justice H W Olney [1999] FCA 1026

FEDERAL COURT OF AUSTRALIA

Lansen v The Hon Justice H W Olney [1999] FAC 1026

COURTS AND JUDICIAL SYSTEM – jurisdiction – Federal Court – application for judicial review of decision of Judge sitting as Aboriginal Lands Commissioner – requirement for jurisdiction to be exercised by Full Court – no provision for exercise of jurisdiction by single Judge – motion to amend application and for separate trial of issues before a single Judge – no jurisdiction to determine motion – motion adjourned to Full Court.

PRACTICE AND PROCEDURE – Full Court listings – callover – responsibilities of counsel appearing before callover Judge.

Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) s 3, s 50

Northern Territory Land Corporation Act 1986

Crown Land Act (NT)1992

Pastoral Land Act (NT) 1992

Administrative Decisions (Judicial Review) Act 1977

Judiciary Act 1903 (Cth) s 39B

Federal Court of Australia Act 1976 s 20(1) s 20(2)

Amadio Pty Ltd v Henderson & Ors (unrep, Full Court, 28 August 1998)

HARRY LANSEN, GORDON LANSEN and FREDDY RAGGETT v THE HON JUSTICE H W OLNEY ACTING AS ABORIGINAL LAND COMMISSIONER, THE NORTHERN TERRITORY LAND CORPORATION, THE NORTHERN TERRITORY OF AUSTRALIA, THE REGISTRAR-GENERAL FOR THE NORTHERN TERRITORY

DG 14 OF 1998

FRENCH J

29 JULY 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

DARWIN DISTRICT REGISTRY DG 14 OF 1998

BETWEEN: HARRY LANSEN, GORDON LANSEN and FREDDY RAGGETT

Applicants

AND: THE HON JUSTICE H W OLNEY

Acting as Aboriginal Land Commissioner

First Respondent

THE NORTHERN TERRITORY LAND CORPORATION

Second Respondent

THE NORTHERN TERRITORY OF AUSTRALIA

Third Respondent

THE REGISTRAR-GENERAL FOR THE NORTHERN TERRITORY

Fourth Respondent