Federal Court of Australia
Federal Court of Australia
Northern Territory of Australia v Aboriginal Land Commissioner [2023] FCA 1183 File number: NTD 19 of 2021
Judgment of: BROMBERG J
Date of judgment: 5 October 2023
Catchwords: ADMINISTRATIVE LAW – Administrative Decisions (Judicial Review) Act 1977 (Cth) – s 39B of the Judiciary Act 1903 (Cth) – judicial review of decision of Aboriginal Land Commissioner under s 50 of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) – whether the bed of an estuary is "land in the Northern Territory" within the meaning of the Act – whether Commissioner misconstrued Risk v Northern Territory of Australia (2002) 210 CLR 392.
Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) s 3(1), 4(1), 5(1), 10, 11, 12, 50, 73(1)(d) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Judiciary Act 1903 (Cth) s 39B Northern Territory Acceptance Act 1910 (Cth) s 4
Cases cited: Goldsworthy Mining Ltd v Commissioner of Taxation [1973] HCA 7; (1973) 128 CLR 199 Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 Risk v Northern Territory of Australia [2000] FCA 1779; (2000) 105 FCR 109 Risk v Northern Territory of Australia [2002] HCA 23; (2002) 210 CLR 392
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