Carter v Aboriginal and Torres Strait Islander Commission [2006] FCA 921

FEDERAL COURT OF AUSTRALIA

Carter v Aboriginal and Torres Strait Islander Commission [2006] FCA 921 ADMINISTRATIVE LAW – judicial review – loan advanced by statutory authority for purchase of house and land – secured by mortgage – repayments not maintained – power of sale under mortgage exercised by Aboriginal and Torres Strait Islander Commission – whether Commission authorised to exercise power of sale – judicial review of decisions and conduct of Commission and Australian Government Solicitor – no tenable grounds for review – all matters relevant to defence of recovery proceedings - application dismissed Administrative Decisions (Judicial Review) Act 1977 (Cth) Aboriginal Development Commission Act 1980 (Cth) s 8(c), s 25 Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) Anti Corruption Commission Act 1988 (WA) s 13 Freedom of Information Act 1892 (Cth) Aboriginal and Torres Strait Islander Commission Amendment Act 2005 (Cth) Transfer of Land Act 1893 (WA) s 106 JENNIFER CARTER v ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION, AUSTRALIAN GOVERNMENT SOLICITOR and COMMONWEALTH OF AUSTRALIA WAD 130 of 2005 FRENCH J 20 JULY 2006 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 130 OF 2005

BETWEEN: JENNIFER CARTER

Applicant

AND: ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION

First Respondent

AUSTRALIAN GOVERNMENT SOLICITOR

Second Respondent

COMMONWEALTH OF AUSTRALIA

Third Respondent

JUDGE: FRENCH J

DATE OF ORDER: 20 JULY 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondents' costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA