← All Authorities
Australia Leading Case grounds illegalityamenability and standing

Minister for Aboriginal Affairs v Peko-Wallsend Ltd

(1986) 162 CLR 24
JurisdictionAustralia
CourtHigh Court of Australia
Year1986
StatusBinding authority

Summary

Failure by a minister to take into account a mandatory relevant consideration constitutes jurisdictional error reviewable by the courts.

Key Principle

mandatory relevant considerations; failure to take into account mandatory consideration is jurisdictional error; Aboriginal land rights

Area of Law

public-law

Related Cases

CPCF v Minister for Immigration and Border Protection (2015) 255 CLR 514

The Maritime Powers Act 2013 authorised detention and return of asylum seekers at sea; executive power extends to removal of non-citizens from Australian waters.

Isbester v Knox City Council (2015) 255 CLR 135

A reasonable apprehension of bias arises where a council officer who lodged a complaint against a dog owner also participated in the decision to order destruction of the dog.

Plaintiff M47/2012 v Director-General of Security (2012) 251 CLR 1

Ministerial power to detain and remove non-citizens under the Migration Act must be exercised in accordance with the Act; adverse ASIO security assessments do not compel indefinite detention.

Ask CommonBench about this case

Get a detailed analysis of Minister for Aboriginal Affairs v Peko-Wallsend Ltd and how it applies to your situation.

Explain Minister for Aboriginal Affair...