Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MJD Foundation Limited v Minister of Indigenous Affairs [2015] FCA 1172 Citation: MJD Foundation Limited v Minister of Indigenous Affairs [2015] FCA 1172
Parties: MJD FOUNDATION LIMITED v MINISTER OF INDIGENOUS AFFAIRS and COMMONWEALTH OF AUSTRALIA
File number: NSD 1289 of 2014
Judge: FLICK J
Date of judgment: 4 November 2015
Catchwords: ADMINISTRATIVE LAW – exercise of power from time to time – nature of the power conferred – a contrary intention – power to make a direction may be exercised only once
Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), ss 35A(3), 35A(4) 62, 63, 63(1), 64, 64(4), 64(5A), 64(7), 64A, 65 Acts Interpretation Act 1901 (Cth), ss 2(2), 33(1), 33(2), 33(3) Financial Management Legislation Amendment Act 1999 (Cth), s 5(3)
Cases cited: Export Development Grants Board v EMI (Australia) Ltd (1985) 9 FCR 269 Firearm Distributors Pty Ltd v Carson [2000] QSC 159, [2001] 2 Qd R 26 Kabourakis v The Medical Practitioners Board of Victoria [2006] VSCA 301 Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11, (2002) 209 CLR 597 Parkes Rural Distributions Pty Ltd v Glasson (1986) 7 NSWLR 332 Campbell, "Revocation and Variation of Administrative Decisions", (1996) 22 Monash Univ L Rev 30
Date of hearing: 26 August 2015
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