Case D21/2019 | High Court of Australia

Case information

Lower Court Judgment

19/06/2019 Federal Court of Australia (Griffiths J, Mortimer J, White J)

[2019] FCAFC 77 and [2019] FCAFC 101

Catchwords

Administrative law – Delegation of statutory functions and powers –Administrative necessity – Statutory interpretation – Where proceedings at first instance challenged certification of application to register Kenbi Indigenous Land Use Agreement on ground that it had been done without “delegated authority” – Where Full Court held Pt 11 of Native Title Act 1993 (Cth) evinced intention that certification functions could not be delegated – Whether Northern Land Council had power to delegate its certification functions under s 203BE(1)(b) of Native Title Act 1993 (Cth) to its Chief Executive Officer.

Documents

15/11/2019 Hearing (SLA, Canberra)

29/11/2019 Notice of appeal

17/01/2020 Written submissions (Appellants)

17/01/2020 Chronology (Appellants)

31/01/2020 Written submissions (Attorney-General for the Commonwealth seeking leave to intervene)

31/01/2020 Written submissions (Northern Territory of Australia intervening)

24/02/2020 Written submissions (Respondents)

05/03/2020 Reply

12/08/2020 Hearing (Full Court, Canberra)

12/08/2020 Outline of oral argument (Appellants)

12/08/2020 Outline of oral argument (Respondents)

12/08/2020 Outline of oral argument (Northern Territory of Australia intervening)

12/08/2020 Outline of oral argument (amended) (Attorney-General for the Commonwealth intervening)

13/08/2020 Hearing (Full Court, Canberra)

07/10/2020 Judgment (Judgment Summary)

Northern Land Council & Anor v. Quall & Anor