Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2014] FCA 25

FEDERAL COURT OF AUSTRALIA

Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2014] FCA 25 Citation: Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2014] FCA 25

Parties: DJINIYINI GONDARRA v MINISTER FOR FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS, SWISS ALUMINIUM AUSTRALIA LIMITED (ACN 008 589 099), GOVE ALUMINIUM LIMITED (ACN 000 640 353), NORTHERN LAND COUNCIL, ARNHEM LAND ABORIGINAL LAND TRUST, GALARRWUY YUNUPINGU, DJALU GURRUWIWI and BAKAMUMU MARIKA SWISS ALUMINIUM AUSTRALIA LIMITED (ACN 008 589 099), GOVE ALUMINIUM LIMITED (ACN 000 640 353) v DJINIYINI GONDARRA, NORTHERN LAND COUNCIL and ARNHEM LAND ABORIGINAL LAND TRUST

File numbers: VID 864 of 2011 VID 97 of 2012

Judge: KENNY J

Date of judgment: 3 February 2014

Catchwords: ADMINISTRATIVE LAW – Application for judicial review pursuant to s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) challenging decisions made by the Minister under s 19(4A) and s 27(3) of Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) – Decisions led to renewal of Lease and establishment of Traditional Owners Agreement connected to Gove Peninsula mining operations - Limitations on Minister's discretion to give or withhold consent under s 19(4A) – Limitation on Minister's power under s 27(3) – Requirement under s 27(4) that the Minister be "satisfied" Land Council had fulfilled obligations imposed by s 23(3) – Whether state of satisfaction miscarried – Meaning of "consult" within s 23(3) – Effect of a duty to consult – Whether Minister under a "duty to inquire" further – No duty to inquire in the circumstances – Whether applicant denied natural justice because "all relevant documents" not provided by Minister - Whether applicant denied adequate opportunity to respond - Whether Minister's actions gave rise to legitimate expectation – Whether Minister failed to consider materials provided by Applicant – No breach of natural justice - Whether Minister considered there were "no matters to take into account" before providing consent – Whether Minister took into account irrelevant considerations by considering "broader economic benefits" of proposal – Whether if Minister's decisions miscarried Lease and Agreement still valid - No vitiating error committed - Application dismissed. PRACTICE AND PROCEDURE – Contingent application for declaratory relief – Declarations sought that Lease not void - Application for declaration that party held indefeasible title by reason of registration with Northern Territory Land Titles Office – Outcome of related proceeding rendered declaration of no practical value – No existing dispute – Application dismissed.