No.1
Date heard: 7, 8 February 1996. Reasons to be published.
Brennan CJ; Dawson, Toohey, Gaudron, McHugh, Gummow and Kirby JJ
CatchwordsStatutory construction - Native Title Act 1993 (Cth) s.63 (3) - President of National Native Title Tribunal to determine existence of prima facie claim - question of law to be considered - whether question of law should be resolved by the President - material on which entitled to act - application of natural justice - nature of test.
8 February 1996: Special leave granted and appeal allowed; decision of the President of the Native Title Tribunal set aside; President to direct Registrar pursuant to s.63(3)(b) of the Native Title Act 1993 (Cth) to accept the applicants' Application for a Determination of native title. Reasons to follow in due course.
Appealed from FCA FC. (1995) 132 ALR 565
Date heard: 12-15 February 1996. Judgment reserved.
Brennan CJ; Dawson, Toohey, Gaudron, McHugh and Gummow JJ
Catchwords
Invalidity of Aboriginals Ordinance 1918-1953 (NT) - Ordinance gave Chief Protector power to take into his custody an aboriginal child - whether this was beyond the legislative power conferred under the Constitution and in particular s.122 - whether conferral of judicial power contrary to Constitution - whether it was contrary to an implied constitutional freedom from removal and detention without due process - whether it was contrary to an implied constitutional right to legal equality - whether contrary to an implied constitutional right to freedom of movement and association - whether contrary to an implied freedom from any law or executive act having the effect of the destruction in whole or in part of a racial or ethnic group, subjecting the children of a racial or ethnic group to removal and detention, or constituting or authorising genocide - purpose of the Ordinance - relevance of standards and perceptions at time of enactment or operation - whether the Aboriginals Ordinance was a law for the government of the Northern Territory - whether a law prohibiting free exercise of a religion contrary to s.116 of the Constitution - whether right of action sounding in damages flowing from breach of implied freedoms - whether statute barred or barred by implied constitutional time limitation - whether declaratory relief and/or damages barred by laches or analogous equitable principles - whether claim for damages for wrongful imprisonment and deprivation of liberty statute barred.
Date heard: 5 February 1996. Special leave granted.
CatchwordsGrant of licence to operate Casino (at Sydney's Darling Harbour) - Casino Control Act 1992 (NSW) ss.12, 13, 141, 155 - construction of s.155 - privative provision - exclusion of judicial review - jurisdictional error - errors of law - application of privative provision in respect of Minister - summary jurisdiction.
Appealed from NSW CA.
Date heard: 5 February 1996. Special leave granted.
CatchwordsIllegal and void contracts - statutory illegality - contract to drill bores - drilling without statutory permits - whether contract rendered illegal by statute imposing penalties - whether a contract which is not forbidden by statute should be enforceable at the suit of a party that performs it illegally - whether such a contract contrary to public policy.
Appealed from NT CA.
Date heard: 5 February 1996. Special leave granted.
CatchwordsFiduciary relationship - solicitors and clients - mortgage in favour of solicitors - breach of fiduciary duty by non-trustee fiduciary - causation - restitution - setting aside transaction on terms.
Appealed from VSC CA.
Date heard: 5 February 1996. Leave granted.
CatchwordsApplication for prerogative relief against AIRC - jurisdiction - dispute finding based on non-compliance with log of claims - amended finding after second log of claims - whether claims made in logs were `plainly fanciful' so as to be incapable of giving rise to industrial dispute - authorisation of log of claims - whether service of second log terminated dispute arising out of non-compliance with first log - whether claim for career path capable of creating industrial dispute.
Appealed from IRCt.
Date heard: 5 February 1996. Special leave granted.
CatchwordsMining leases and licences - Northern Territory - Northern Territory (Self-Government) Act 1978 ss.6, 50, 57, 69 and 70 - Mining Ordinance 1939 (NT) - acquisition of land by Commonwealth for Kakadu National Park - mining leases - right of renewal - limit of authority of Territory legislature under self-government - powers of Territory Administration - construction of s.70 of Northern Territory (Self-Government) Act - acquisition of property on just terms.
Appealed from FCA FC. (1995) 130 ALR 193.
Date heard: 5 February 1996. Special leave reserved.
Catchwords
Liability of insurers to pay workers compensation - worker injured several times in course of employments - apportionment of liability between insurers - Workers Compensation Act 1987 (Cth) s.22 - non-application of established line of authority - absence of reasons - denial of natural justice.
Appealed from NSW CA.