Judicial and Administrative Decisions
Widjabul
In December 2008, the Administrative Appeals Tribunal (AAT) reviewed the decision of NTSCORP not to provide assistance to the Widjabul People. The AAT determined that the Secretary of FAHCSIA should make funding available to the Applicant. In reaching this decision the AAT stated that the assistance sought was moderate and that the intra-Indigenous disputes in the region appeared to have been solved through mediation.
Dunghutti
On 18 September 2008, a number of members of the Dunghutti Elders Council Aboriginal Corporation lodged an application with the AAT to review a decision of the Registrar of Aboriginal Corporations to register certain documents appointing Directors of the Corporation, and not to register the Notification of a Change to Corporation Officer’s Details submitted by NTSCORP on 22 October 2007 on behalf of the Applicants in the AAT proceedings.
On 26 September 2008, the AAT declined to make orders in an initial interlocutory application to stay the decisions of the Registrar. In a further interlocutory decision of 13 March 2009, the Deputy President referred the matter for conciliation. As at 30 June 2009, no date for the final hearing of the matter had been set down by the AAT.
Numbahjing
The Native Title Determination Application of the Numbahjing Clan (within the Bundjalung Nation) was filed in and around Ballina and in early 2008. The application was not accepted for registration by the Registrar of the NNTT and the Applicant appealed this decision to the Federal Court of Australia. The Applicant subsequently discontinued the native title application in October 2008.
Nucoorilma Gamilaaroy
The Nucoorilma Clan of the Gamilaaroy Aboriginal People claim was dismissed in May 2009. An appeal against this decision was filed in June 2009. This appeal was withdrawn by the Applicant prior to being dealt with by the Court. In June 2009 the Applicant filed a Notice of Motion seeking that the dismissal be set aside and the proceedings reinstated. The Notice of Motion will be heard in the next financial year.
Avery Slater & Ors
The injunction and separate declaratory proceedings brought by the Kattang-speaking people of Foster/Tuncurry against the State of NSW in October 2006 remain ongoing and have not yet been set down for hearing by the Federal Court of Australia. The Applicant is currently in negotiations with the State of NSW and it is expected that these proceedings will be resolved by agreement in 2009-2010.
