Malu Lamar (Torres Strait Islander) Corporation RNTBC v Findlay (as delegate of the Protected Zone Joint Authority) [2018] FCA 801

FEDERAL COURT OF AUSTRALIA

Malu Lamar (Torres Strait Islander) Corporation RNTBC v Findlay (as delegate of the Protected Zone Joint Authority) [2018] FCA 801 File number: VID 577 of 2018

Judge: MOSHINSKY J

Date of judgment: 28 May 2018

Catchwords: ADMINISTRATIVE LAW – application for an order suspending the operation of a decision pending the hearing and determination of the proceeding – where the applicant was incorporated for the purpose of holding certain native title rights and interests – where the respondent decided to impose a total ban on the use of hookah gear in the Torres Strait Tropical Rock Lobster Fishery for the remainder of the season – where the applicant commenced a proceeding challenging the decision under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where the applicant contended that, in making the decision, the respondent failed to comply with the procedural requirements set out in s 24HA(7) of the Native Title Act 1993 (Cth), alternatively that the respondent breached the rules of natural justice – whether there was a serious question to be tried – whether the balance of convenience favoured the making of an order suspending the operation of the decision – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 15 Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Native Title Act 1993 (Cth), s 24HA Torres Strait Fisheries Act 1984 (Cth), ss 8, 19, 22, Sch 1

Cases cited: Akiba v Commonwealth of Australia (2013) 250 CLR 209 Akiba v Queensland (No 3) (2010) 204 FCR 1 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Castlemaine Tooheys Limited v State of South Australia (1986) 161 CLR 148 Nyangatjatjara Aboriginal Corporation v Registrar of Aboriginal Corporations (No 2) [2006] FCA 675 Samsung Electronics Company Ltd v Apple Inc (2011) 217 FCR 238