Bell v Native Title Registrar [2021] FCA 229

Federal Court of Australia

Bell v Native Title Registrar [2021] FCA 229 File number(s): QUD 318 of 2020

Judgment of: GRIFFITHS J

Date of judgment: 16 March 2021

Catchwords: NATIVE TITLE – decision of delegate of Native Title Registrar to accept further amended claimant application for registration under s 190A of the Native Title Act 1993 (Cth) – application for judicial review of that decision under Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) ADMINISTRATIVE LAW – procedural fairness requirements – standing and procedural fairness – concept of "legitimate expectation" – applicants not afforded opportunity to be heard – notice not required under NT Act – applicants aware decision to be made by delegate – no procedural unfairness – no practical injustice suffered ADMINISTRATIVE LAW – standing – standing and constitutional concept of "matter" – standing necessary to enliven Court's jurisdiction – meaning of "person aggrieved" under s 5(1) of the ADJR Act – standing where applicants competing native title claimants – Hazelbane v Doepel [2008] FCA 290; 167 FCR 325 distinguished – applicants "persons aggrieved" by delegate's decision ADMINISTRATIVE LAW – improper exercise of power – whether delegate identified wrong issue under s 190B of the NT Act – nature of function under s 190B(5) – whether delegate failed to take into account a relevant consideration – no reviewable error

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 3(4), 5(1)-(2), 11(3) Judiciary Act 1903 (Cth), s 39B Native Title Act 1993 (Cth), ss 29, 61, 63-64, 66, 66B, 67, 190A-C, 251B(a) Native Title Amendment Act 1998 (Cth) Federal Court Rules 2011 (Cth), r 8.21 Administrative Decisions (Judicial Review) Act 1989 (ACT)