Laurie v New South Wales Aboriginal Land Council & Ors; New South Wales Aboriginal Land Council v Laurie & Ors [2009] NSWLEC 58

Reported Decision : 166 LGERA 157

Land and Environment Court of New South Wales

CITATION : Laurie v New South Wales Aboriginal Land Council & Ors; New South Wales Aboriginal Land Council v Laurie & Ors [2009] NSWLEC 58 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT/FIRST CROSS-DEFENDANT Patricia Helen Laurie FIRST RESPONDENT/CROSS-CLAIMANT New South Wales Aboriginal Land Council PARTIES : SECOND RESPONDENT Registrar, Aboriginal Land Rights Act 1983 SECOND CROSS-DEFENDANT Brian Decelis THIRD CROSS-DEFENDANT Electoral Commissioner for New South Wales

FILE NUMBER(S) : 40616 of 2008

CORAM: Pain J

INJUNCTIONS AND DECLARATIONS :- Applicant elected as councillor of NSWALC - declaration sought to allow Applicant to continue in role - cross-claim seeking declaration that nomination and election of councillor void

Jurisdiction :- jurisdiction of Court to hear cross-claim as to whether Applicant validly elected - whether validity of election can only be raised when court sitting as a court of disputed returns - distinction between election process and qualification of candidate to hold office/vacancy of office - whether declarations sought by cross-claim ancillary to Applicant's claim for relief KEY ISSUES: Construction and Interpretation:- was Applicant's election under Div 3 void because disqualified from holding office under Div 4 of Aboriginal Land Rights Act 1983- was Applicant's nomination for election validly accepted by the returning officer - should incorrect statutory declaration of the Applicant have been rejected - was Applicant immediately disqualified after her election