Full Court Minute Books

Case C5/2018

Williams v. Wreck Bay Aboriginal Community Council & Anor

Case No.

C5/2018

Case Information

Lower Court Judgment

23/10/2017 Supreme Court of the Australian Capital Territory (Court of Appeal) (Murrell CJ, Burns J, Mossop J)

[2017] ACTCA 46

Catchwords

Interpretation – Concurrent operation – Where Council leased property to appellant under residential tenancy agreement – Where appellant commenced proceedings in ACT Civil and Administrative Tribunal seeking orders for repairs and compensation – Where Tribunal referred questions of law to Supreme Court for determination – Where Court of Appeal allowed appeal – Whether Court of Appeal erred in concluding ACT laws retain subordinate status when applied to Jervis Bay Territory by force of s 4A of Jervis Bay Territory Acceptance Act 1915 (Cth) – Whether Court of Appeal erred in concluding ss 8 and 9 of Residential Tenancies Act 1997 (ACT) not capable of operating concurrently with Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (Cth) such that ss 8 and 9 do not apply to “Aboriginal Land” for purposes of s 46 of Aboriginal Land Grant (Jervis Bay Territory) Act.

Short particulars

Documents

21/03/2018 Determination (SLA, Canberra)

04/04/2018 Notice of appeal

09/05/2018 Written submissions (Appellant)

09/05/2018 Chronology (Appellant)

06/06/2018 Written submissions (Second Respondent)

20/06/2018 Written submissions (First Respondent)

13/07/2018 Reply

12/09/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

12/09/2018 Outline of oral argument (Appellant)

12/09/2018 Outline of oral argument (First respondent)

12/09/2018 Outline of oral argument (Second respondent)