Rejection of claims—declaration by Federal Court
72 Rejection of claims—declaration by Federal Court
Where:
a notice under subsection 70(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 71 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 interest specified in the claim was acquired from the claimant by compulsory process.
The Court may:
declare that the interest specified in the claim, or some other interest, was acquired from the claimant by compulsory process; or
dismiss the action.
If the Court declares that the interest specified in the claim was acquired from the claimant by compulsory process:
the decision of the Court is binding on the Commonwealth and on all persons who, immediately before the acquisition, held interests in the land; and
the Minister shall give a notice under subsection 70(1) to the claimant.
If the Court declares that an interest, other than the interest specified in the claim, was acquired from the claimant by compulsory process:
the decision of the Court is binding on the Commonwealth and on all persons who, immediately before the acquisition, held interests in the land;
the claim has effect as if the other interest had been specified in the claim as the interest acquired by compulsory process; and
the Minister shall give a notice under subsection 70(1) to the claimant.
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