Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hicks v Aboriginal Legal Service of Western Australia (Inc)
[2000] FCA 544
ADMINISTRATIVE LAW – judicial review – application by a native title group to respondent (as representative body) for funding to pay for legal assistance in making native title application – respondent already providing legal services to rival native title claimant group – decision to deny funding made by solicitor employed by respondent as manager – whether decision was "made under an enactment" – manager relied upon legal advice provided by counsel employed by respondent – whether perceived or apprehended bias – whether doctrine of necessity applied – applicant also applied to Aboriginal and Torres Strait Islander Commission ("ATSIC") for financial assistance – applicant waited until ATSIC decided to decline assistance before seeking review of respondent's decision – time for such review had by then expired – whether time should be extended.
Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 3, 5, 11(1)(c)
Native Title Act 1993 (Cth), s 202(4)(a)
Hunter Valley Developments Pty Ltd v Minister for Home Affairs and Environment (1984) 58 ALR 305 applied
Webb v The Queen (1994) 181 CLR 41 applied
Chu v Minister for Immigration and Ethnic Affairs (1997) 78 FCR 314 applied
Australian National University v Lewins (1996) 138 ALR 1 distinguished
Metropolitan Fire and Emergency Services Board v Churchill (1998) 14 VAR 9 referred to but distinguished
Randwick City Council v Minister for the Environment [1999] FCA 1494 referred to
One.Tel Limited v Deputy Commissioner of Taxation [2000] FCA 270 referred to
WILFRED HICKS v ABORIGINAL LEGAL SERVICE OF WESTERN
AUSTRALIA (INC)
W 6043 of 1999
CARR J
28 APRIL 2000
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 6043 OF 1999
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