100Rejection of claims—declaration by Federal Court

#### 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.