Commonwealth Consolidated Acts

LANDS ACQUISITION ACT 1989 - SECT 100

  (1)   Where:

  (a)   a notice under subsection   98(2) has been, or is to be taken to have been, given to a person who has made a claim for compensation; and

  (b)   the claimant has not made an application to the Administrative Review Tribunal under section   99 in respect of the rejection of the claim;

the claimant may bring an action in the Federal Court against the Commonwealth claiming a declaration that the claimant is entitled to compensation in respect of the loss to which the claim relates.

  (2)   The Court may:

  (a)   declare that the claimant is entitled to compensation in respect of the loss to which the claim relates;

  (b)   declare that the claimant is entitled to compensation in respect of some other loss suffered by the claimant; or

  (c)   dismiss the action.

  (3)   If the Court makes a declaration under paragraph   (2)(a):

  (a)   the decision of the Court is binding on the Commonwealth and on all persons who hold, or have held, interests in the land to which the claim relates; and

  (b)   the Minister shall give a notice under subsection   98(1) to the claimant.

  (4)   If the Court makes a declaration under paragraph   (2)(b):

  (a)   the decision of the Court is binding on the Commonwealth and on all persons who hold, or have held, interests in the land to which the claim relates;

  (b)   the claim has effect as if it had given particulars of the loss suffered in relation to which the Court declared that the claimant was entitled to compensation; and

  (c)   the Minister shall give a notice under subsection   98(1) to the claimant.