Aruwarri Aboriginal Corporation v Aboriginal and Torres Strait Islander Commission [2002] FCA 1650

FEDERAL COURT OF AUSTRALIA

Aruwarri Aboriginal Corporation v Aboriginal and Torres Strait Islander Commission [2002] FCA 1650 ADMINISTRATIVE LAW – application for judicial review of decision of Aboriginal and Torres Strait Islander Commission or its delegate – consent order setting decision aside – whether appropriate for the Court to make such an order Administrative Decisions (Judicial Review) Act1977 (Cth) ss 5, 8, 16 Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) s 14 Federal Court Rules O 35 r 10 Xiao v Minister for Immigration and Multicultural Affairs (2001)109 FCR 129 cited Yulianti v Minister for Immigration & Multicultural Affairs [2001] FCA 142 cited Sanchez v Minister for Immigration & Multicultural Affairs [1999] FCA 265 cited Takli v Minister for Immigration & Multicultural Affairs [2000] FCA 1186 cited Khan v Minister for Immigration & Multicultural Affairs [2001] FCA 1674 cited ARUWARRI ABORIGINAL CORPORATION ABN 59 909 131 970 V ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AND MALARABAH REGIONAL COUNCIL W353 OF 2001 LEE J 20 MARCH 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W353 OF 2001

BETWEEN: ARUWARRI ABORIGINAL CORPORATION

ABN 59 909 131 970

APPLICANT

AND: ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION

FIRST RESPONDENT

MALARABAH REGIONAL COUNCIL

SECOND RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 20 MARCH 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The time within which the applicant may apply for an order of review in respect of the decision of the first respondent, by its delegate the second respondent, made on or about 22 March 2001, to defund the applicant, be enlarged to 20 March 2002. 2. The applicant's application for an order of review dated 10 August 2001 and filed herein be and is hereby amended by deleting the first paragraph thereof and substituting the following: "Application to review: (a) The decision of the first respondent, by its delegate the second respondent, made on or about 22 March 2001, to defund the applicant, and further, or in the alternative; (b) The decision of the first respondent, or alternatively the decision of the first respondent by its delegate the second respondent, made on or about 28 May 2001, to decline the applicant's request for a grant pursuant to section 14 of the Aboriginal and Torres Strait Islander Commission Act 1989." 3. The decision of the first respondent, by its delegate the second respondent, made on or about 22 March 2001 to defund the applicant be and is hereby set aside. 4. The decision of the first respondent, or alternatively the decision of the first respondent by its delegate the second respondent, made on or about 28 May 2001, to decline the applicant's request for a grant pursuant to section 14 of the Aboriginal and Torres Strait Islander Commission Act 1989 be and is hereby set aside. 5. The first respondent or its delegate, such delegate not being the second respondent, reconsider the applicant's request for a grant pursuant to section 14 of the Aboriginal and Torres Strait Islander Commission Act 1989according to law. 6. The respondents pay the applicant's costs of the application, including reserved costs, to be taxed.