Gibson v Rivers-McCombs [2014] FCA 144

FEDERAL COURT OF AUSTRALIA

Gibson v Rivers-McCombs [2014] FCA 144 Citation: Gibson v Rivers-McCombs [2014] FCA 144

Parties: RUSSELL KURT GIBSON, HOPEVALE ABORIGINAL SHIRE COUNCIL and DHUBBI WARRA ABORIGINAL CORPORATION v STEPHEN RIVERS-MCCOMBS (AS DELEGATE OF THE NATIVE TITLE REGISTRAR), HOPEVALE CONGRESS ABORIGINAL CORPORATION, FRANCIS DEEMAL, VICTOR GIBSON and BRIAN COBUS

File number: QUD 602 of 2011

Judge: DOWSETT J

Date of judgment: 28 February 2014

Catchwords: ADMINISTRATIVE LAW – application pursuant to s 5 Administrative Decisions (Judicial Review) Act 1977 (Cth) for an order of review of a decision of a delegate of the Native Title Registrar – where the delegate determined that an Indigenous Land Use Agreement ("ILUA") should be registered under s 24BG Native Title Act 1993 (Cth) after considering objections –whether procedures according to law were observed – whether the delegate had jurisdiction to make the decision – whether applicants had standing – whether the ILUA was compliant with the Act – whether the ILUA was uncertain and incapable of registration – whether the ILUA impermissibly dealt with non-native title land – whether trustee of land is capable of binding itself to future acts – whether proper consultation was had in compliance with Aboriginal traditional laws and customs

Legislation: Native Title Act 1993 (Cth) ss 21, 24BA, 24BB, 24BB(a), 24BD, 24BD(4)(a), 24BE, 24BG, 24BG(2), 24BI, 24BI(1), 24BI(2), 24BI(3), 57, 57(2), 57(3), 58, 58(b) Aborigines and Torres Strait Islanders (Land Holding) Act 1985 (Qld) Aboriginal Land Act 1991 (Qld) ss 27, 28, 29 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1), 5(1)(b), 5(1)(c), 5(1)(g), 12 Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) rr 7, 8, 9, 9(2) Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth) r 6