Hicks v Aboriginal & Torres Strait Islander Commission [2000] FCA 1449

FEDERAL COURT OF AUSTRALIA

Hicks v Aboriginal and Torres Strait Islander Commission [2000] FCA 1449 ABORIGINES – native title – application for funding for native title claim – application refused by representative body – application to Aboriginal and Torres Strait Islander Commission for direct funding – application declined pending judicial review of representative body decision – decision-making principles adopted by ATSIC – Program Statements, Policies and Guidelines – whether exceptional circumstances to warrant direct funding – whether error of law in ATSIC decision refusing direct funding – proper exercise of discretion – application dismissed. Native Title Act 1993 (Cth) Administrative Decisions (Judicial Review) Act 1977 Aboriginal and Torres Strait Islander Commission Act 1989 Hicks v Aboriginal Legal Service of Western Australia (Inc) (2000) 98 FCR 435 referred to Ward v Western Australia (2000) 170 ALR 159 referred to Mabo v Queensland (No 2) (1992) 175 CLR 1 referred to WILFRED HICKS AND OTHERS ON BEHALF OF THE WONG-GOO-TT-OO NATIVE TITLE CLAIMANT GROUP v ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION W99 of 2000 FRENCH J 13 OCTOBER 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 99 OF 2000

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

APPLICANT

AND: ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 13 October 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The time limited for making this application is extended to 16 June 200.

2. The application is dismissed.

3. 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.