Aboriginal Development Commission --- "Court Ruling Favours ADC" [1985] AboriginalLawB 66; (1985) 1(16) Aboriginal Law Bulletin 12

• Court Ruling Favours Adc

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Court Ruling Favours ADC

Aboriginal Development Commission News

The Federal Court has ruled in favour of the Aboriginal Development Commission in a long and costly legal battle between the Commission and the South Australian based Ralkon Agricultural Company Pty Ltd.

The case arose following theADCs decision in 1982 to grants lease of land to the Point McLeay Aboriginal Community Council and not to Ralkon, which occupied the land and considered that it had legitimate rights to be given a lease or title to the land.

The 3640 hectare property, located near Lake Alexandrine at the mouth of the Murray River, comprised portions of land owned by the SA Land Trust and the Aboriginal Land Fund Commission (ADC's predecessor), was originally setup to carry sheep, cattle dairying and vegetable farms.

Following theADC's granting of the lease to the Point McLeay Community Council, Rolkon challenged the move, initiating a series of legal actions from the Supreme Court of SA to the Federal Court, and ultimately to the Full Bench of the Federal Court in December last year.

The Full Bench, in handing down a unanimous decision, dismissed the Ralkon appeal and upheld the ADC's original decision on the granting of the lease.

Several issues emerged during the litigation including the fact that Ralkon was not an Aboriginal body within the meaning of the definition of Section 4 (1) of the Aboriginal Development Commission Act 1980.

Under this part of its legislation, organisations seeking ADC assistance, need to satisfy three tests organisations must be incorporated; they must be controlled by Abodginals; and their principal objective must be conducive to the advancement of the Aboriginal people.

Unless an organisation metal[ three criteria, itwas ineligible to receivefinancial assistance from the ADC.

The Full Bench rejected Ralkon's claim foreligibility on the two latter counts.

In his judgement, Federal Court Judge, Mr Justice Davies said that the matter had been thrashed out at great lengths between Rolkon and the Commission and everyone was perfectly aware of all the issues involved. He said that Ralkon had been given a fair opportunity to present its case.

As well as having its appeal dismissed, Ralkon was ordered to pay the ADCs costs.

Commenting on the Full Bench judgement, ADC Administrator, Mr Rob Winroe said that in legal terms it was a positive endorsement of ADC actions in this matter concerning Ralkon.

Mr Winroe said that it was important to note that the ADC could soundly defend its actions in a superior court.

'Too often the ADC was the recipient of ill-informed and groundless accusations about its operations and decision-making process.'

Mr Winroe also commended the ADC Regional staff in South Australia for their diligence and high standard of support given to what had been a protracted, complex, and sensitive case.