FEDERAL COURT OF AUSTRALIA McKenzie v Honourable Peter Slipper MP [2003] FCA 1416 MARK MCKENZIE v THE HONOURABLE PETER SLIPPER MP S 598 OF 2003 SELWAY J 8 DECEMBER 2003 ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY S 598 OF 2003 BETWEEN: MARK MCKENZIE APPLICANT AND: THE HONOURABLE PETER SLIPPER MP FIRST RESPONDENT THE COMMONWEALTH OF AUSTRALIA SECOND RESPONDENT JUDGE: SELWAY J DATE OF ORDER: 8 DECEMBER 2003 WHERE MADE: ADELAIDE THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant to pay the respondents' costs to be taxed in the absence of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY S 598 OF 2003 BETWEEN: MARK MCKENZIE APPLICANT AND: THE HONOURABLE PETER SLIPPER MP FIRST RESPONDENT THE COMMONWEALTH OF AUSTRALIA SECOND RESPONDENT JUDGE: SELWAY J DATE: 8 DECEMBER 2003 PLACE: ADELAIDE REASONS FOR JUDGMENT 1 Mr McKenzie, on behalf of the Kuyani people, has instituted proceedings under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B of the Judiciary Act 1903 (Cth) arguing that the issue of a certificate under s 24 Lands Acquisition Act 1989 (Cth) and the subsequent acquisition of land by the Commonwealth was invalid. For the reasons given in State of South Australia v Honourable Peter Slipper MP [2003] FCA 1414, I am of the view that the proceedings must be dismissed with costs. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Selway. Associate: Dated: 8 December 2003 Counsel for the Applicant: J Basten QC with A Tokley and S Ower Solicitor for the Applicant: Corsers Solicitors Counsel for the Respondent: D Bennett QC with T Howe and P Slattery Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 3, 4 November 2003 Date of Judgment: 8 December 2003