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Thursday, 25 November 1971
Page: 3772


Dr Klugman (PROSPECT, NEW SOUTH WALES) asked the Minister representing the Attorney:General, upon notice:

(1)   Has the Attorney-General's attention been drawn to the decision of the Supreme Court of the Northern Territory on 27th April 1971 in Milirrpum and others v. Nabalco Pty Ltd and The Commonwealth of Australia (the Gove Land Rights Case).

(2)   Has the Attorney-General's attention also been drawn to the decision of the Full Court of the Supreme Court of the Territory of Papua and New Guinea in the case of Era Taoro Land in May 1971.

(3)   If so, is there an apparent conflict between the two decisions; if not, can he say why not in language which can be understood by persons without legal training.


Mr N H Bowen (PARRAMATTA, NEW SOUTH WALES) - The Attorney-General has provided the following answer to the honourable member's question:

(1)   and (2) I am aware of the two decisions.

(3)   The judgment and Order of the Full Court of be Supreme Court of the Territory of Papua and New Guinea in die case of Era Taoro Land (Daera Guba and others v. The Administration of the Territory , of Papua and New Guinea) insofar as it reversed , an earlier judgment and order in favour of The Administration of the Territory , of Papua and New Guinea is presently the subject of an appeal to the High Court , of Australia. In the circumstances 1 consider that I should not answer the, question.







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