Murray v The Registrar of the National Native Title Tribunal [2002] FCA 1598

FEDERAL COURT OF AUSTRALIA

Murray v The Registrar of the National Native Title Tribunal [2002] FCA 1598 ADMINISTRATIVE LAW – application to review a decision of a delegate of the Registrar, National Native Title Tribunal to register an Indigenous Land Use Agreement (ILUA) - whether s 24CD of the Native Title Act requires that all persons who claim to hold native title in the area be a party to the ILUA – whether the Tribunal is required to inform and consult any representative body about the ILUA and its contents – whether there was a reasonable apprehension of bias on the part of the decision-maker – error of law – whether members of an indigenous group of whom the applicant is one were denied procedural fairness – whether the decision-maker took into account irrelevant considerations or failed to take into account relevant considerations – whether the decision to register the ILUA was so unreasonable that no reasonable decision-maker would have made it. CONSTITUTIONAL LAW - whether the decision to register the ILUA was beyond jurisdiction because it involved the exercise of judicial power.

Administrative Decisions Judicial Review Act 1977 (Cth) s 5 Native Title Act 1993 (Cth) s 24CG, s 24CL, s 203AD, s 203FE, s 251A Judiciary Act 1903 (Cth) s 78B De Rose v South Australia [2002] FCA 1342, referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, applied Hot Holdings Pty Ltd v Creasy [2002] HCA 51 at [68], cited Luu v Minister for Immigration and Multicultural Affairs [2002] FCAFC 369, applied Re Cram; ex parte Newcastle Wallsend Coal Co Pty Ltd (1987) 163 CLR 140, applied Tankey v Adams (2000) 104 FCR 152, applied Re Ranger Uranium Mines Pty Ltd; Ex parte Federated Miscellaneous Workers' Union of Australia (1987) 163 CLR 656, applied R v Trade Practices Tribunal; Ex parte Tasmanian Breweries Pty Ltd (1970) 123 CLR 361 Luton v Lessels (2002) 187 ALR 529, applied Re The Amalgamated Metal Workers Union; Ex parte The Shell Company of Australia Ltd (1992) 174 CLR 345, applied Re Printing and Kindred Industries Union; Ex parte Vista Paper Products Pty Ltd (1993) 113 ALR 421, applied SONIA MURRAY -v- THE REGISTRAR OF THE NATIONAL NATIVE TITLE TRIBUNAL, BLAIRGOWRIE SAFE BOAT HARBOUR LTD and CAROLYN BRIGGS V 135 OF 2002 MARSHALL J MELBOURNE 20 DECEMBER 2002