Anthony Kaufmann successfully appeared for the first respondent in the recently decided Registrar Appointed Under the Aboriginal Land Rights Act 1983 v Toomey [2024] NSWLEC 92.

The case concerned a late challenge to the election results of the Dubbo Local Aboriginal Land Council. The issues for determination were whether the Land and Environment Court of New South Wales has the power to extend the time limit to challenge the election result as contained in s 125(2) of the Aboriginal Land Rights Act 1983 (NSW) (ALRA 1983) and, if so, whether this relief ought to be granted in these proceedings. Pepper J found that s 125(2) of the ALRA 1983 should be strictly construed and that if an application to challenge the election result is not made to the Court within 28 days, it is statute barred.

In case she was wrong, and the Court does have an implicit power to extend the time limit, her Honour considered whether the time limit ought to be extended. Her Honour found that, but for the time limit, she would have granted relief by providing a declaration of invalidity.

Since this was barred by s 125(2) of the ALRA 1983, her Honour held that the Court did not have jurisdiction to hear the application for judicial review and dismissed the proceedings with costs.

A copy of the judgement may be found here.