French v Gray, Special Minister of State [2013] FCA 263

FEDERAL COURT OF AUSTRALIA

French v Gray, Special Minister of State [2013] FCA 263 Citation: French v Gray, Special Minister of State [2013] FCA 263

Parties: GRAHAM FRENCH v THE SPECIAL MINISTER OF STATE MR GARY GRAY

File number: SAD 126 of 2012

Judge: BESANKO J

Date of judgment: 27 March 2013

Corrigendum: 22 May 2014

Catchwords: ADMINISTRATIVE LAW – application for judicial review under ss 5 and 6 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B of the Judiciary Act 1903 (Cth) – applicant seeking relief under s 16 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B of the Judiciary Act 1903 (Cth). NATIVE TITLE – application by applicant for a Pre-Acquisition Declaration made by the respondent under s 22 of the Lands Acquisition Act 1989 (Cth) to be declared invalid and quashed – where respondent made Pre-Acquisition Declaration with respect to land to be provided as consideration under an Indigenous Land Use Agreement to a Native Title Claim Group – applicant claims the respondent did not have jurisdiction to make the decision, the decision was not authorised by the Lands Acquisition Act 1989 (Cth), the decision was an improper exercise of the power conferred by the Lands Acquisition Act 1989 (Cth) and was contrary to law by reason of "breaches" of ss 9(1) and 12(1)(e) of the Racial Discrimination Act 1975 (Cth), s 19 of the Pastoral Land Management and Conservation Act 1989 (SA) and s 121 of the Lands Acquisition Act 1989 (Cth) – whether "use" for a "public purpose" is limited to physical use of the land. Held: The Pre-Acquisition Declaration is declared invalid. The Pre-Acquisition Declaration be quashed. The Respondent be restrained from taking further steps for acquisition of the land.