Hicks v Aboriginal Legal Service of Western Australia [2000] FCA 1448

FEDERAL COURT OF AUSTRALIA

Hicks v Aboriginal Legal Service of Western Australia (Inc) [2000] FCA 1448

ABORIGINES – native title – decision by representative body under Native Title Act not to fund native title claim – decision set aside and reconsideration directed – body ceasing to be representative body before reconsideration concluded – fresh application under Administrative Decisions (Judicial Review) Act to compel decision – whether application competent – no useful relief available – want of power in body to comply with any direction. Native Title Act 1993 (Cth) s 202 Administrative Decisions (Judicial Review) Act 1977 Native Title Amendment Act 1998

Hicks v Aboriginal Legal Service of Western Australia (Inc) (2000) 98 FCR 435 referred to WILFRED HICKS AND OTHERS ON BEHALF OF THE WONG-GOO-TT-OO NATIVE TITLE CLAIMANT GROUP v ABORIGINAL LEGAL SERVICE OF WESTERN AUSTRALIA (INC) W105 of 2000 FRENCH J 13 OCTOBER 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W105 OF 2000

BETWEEN: WILFRED HICKS AND OTHERS ON BEHALF OF THE WONG-GOO-TT-OO NATIVE TITLE CLAIMANT GROUP

APPLICANT

AND: ABORIGINAL LEGAL SERVICE OF WESTERN AUSTRALIA (INC)

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 13 OCTOBER 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The Applicants are to pay the Respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W105 OF 2000

BETWEEN: WILFRED HICKS AND OTHERS ON BEHALF OF THE WONG-GOO-TT-OO NATIVE TITLE CLAIMANT GROUP

APPLICANT

AND: ABORIGINAL LEGAL SERVICE OF WESTERN AUSTRALIA (INC)

RESPONDENT