Rejection of claims—declaration by Federal Court
100 Rejection of claims—declaration by Federal Court
Where:
a notice under subsection 98(2) has been, or is to be taken to have been, given to a person who has made a claim for compensation; and
the claimant has not made an application to the Administrative Review Tribunal under section 99 in respect of the rejection of the claim;
the claimant may bring an action in the Federal Court against the Commonwealth claiming a declaration that the claimant is entitled to compensation in respect of the loss to which the claim relates.
The Court may:
declare that the claimant is entitled to compensation in respect of the loss to which the claim relates;
declare that the claimant is entitled to compensation in respect of some other loss suffered by the claimant; or
dismiss the action.
If the Court makes a declaration under paragraph (2)(a):
the decision of the Court is binding on the Commonwealth and on all persons who hold, or have held, interests in the land to which the claim relates; and
the Minister shall give a notice under subsection 98(1) to the claimant.
If the Court makes a declaration under paragraph (2)(b):
the decision of the Court is binding on the Commonwealth and on all persons who hold, or have held, interests in the land to which the claim relates;
the claim has effect as if it had given particulars of the loss suffered in relation to which the Court declared that the claimant was entitled to compensation; and
the Minister shall give a notice under subsection 98(1) to the claimant.
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