Document ID: chunk:federal_register_of_legislation:C2024C00450:section:100
Version: federal_register_of_legislation:C2024C00450
Segment Type: section
Provision Reference: s 100
Character Range: 107813–109399

100  Rejection of claims—declaration by Federal Court
 (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.