Northern Territory of Australia v Doepel (No 2) [2004] FCA 46

FEDERAL COURT OF AUSTRALIA

Northern Territory of Australia v Doepel (No 2) [2004] FCA 46

COSTS – application under Administrative Decisions (Judicial Review) Act 1997 (Cth) to review decision of Native Title Registrar as under s 190A of the Native Title Act 1993 (Cth) – Registrar decided to place application for determination of native title on Register of Native Title Claims – application to review decision unsuccessful – whether public interest or public importance warrants departure from ordinary rule as to costs – relevance of s 85A of Native Title Act 1993 (Cth)

Native Title Act 1993 (Cth) ss 62, 85A, 190, 190A, 190B, 190C Administrative Decisions (Judicial Review) Act 1997 (Cth) Native Title Amendment Act 1998 (Cth) Northern Territory of Australia v Doepel [2003] FCA 1384 cited Cretazzo v Lombardi (1975) 13 SASR 4 applied Ruddock v Vardalis (No 2) (2001) 115 FCR 229; [2001] FCA 1865 followed Milne v Attorney-General for the State of Tasmania (1956) 95 CLR 460 cited Western Australia v Ward (2002) 76 ALJR 1098 cited Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 cited Brownley v Western Australia (1999) 95 FCR 172; [1999] FCA 1431 applied Murray v Registrar of the National Native Title Tribunal [2003] FCAFC 220 considered NORTHERN TERRITORY OF AUSTRALIA v CHRISTOPHER DOEPEL, ALAN YOUNG & BILL HARNEY D 17 of 2002 MANSFIELD J DARWIN 3 FEBRUARY 2004

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D 17 OF 2002

BETWEEN: NORTHERN TERRITORY OF AUSTRALIA

APPLICANT

AND: CHRISTOPHER DOEPEL

FIRST RESPONDENT

ALAN YOUNG AND BILL HARNEY (ON BEHALF OF THE WARDAMAN, LIYI, YINGAWURNARRI AND NARRWAN GROUPS)

SECOND RESPONDENTS

JUDGE: MANSFIELD J

DATE OF ORDER: 3 FEBRUARY 2004