Boney v Attorney General of New South Wales

[2018] FCAFC 218

Full Court of the Federal Court

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Interrogate

Catchwords

1. Native Title
2. › Applicant
3. › Replacement of applicant
4. › Authorisation meeting
5. › Whether representative body acted for improper purpose in convening meeting
6. › Whether notice of meeting defective or misleading
7. › Whether discretion to replace applicant properly exercised
8. › Native Title Act 1993 (Cth), ss 66B, 251B
1. Appeal
2. › Leave to appeal
3. › Discretionary decision
4. › Whether decision infected with sufficient doubt to warrant grant of leave
5. › Whether substantial injustice would result from refusal of leave
1. Administrative Law
2. › Exercise of discretion
3. › Appellate review of discretionary decision
4. › Whether unreasonable or plainly unjust
5. › House v The King (1936) 55 CLR 499

Quick Take

Challenges to authorisation meetings for displaced native title applicants face a high threshold on appeal, particularly where factual findings on purpose and notice adequacy were open on the evidence and procedural defects would not have materially affected the outcome.