Henwood v Northern Territory of Australia [2017] FCAFC 182

FEDERAL COURT OF AUSTRALIA

Henwood v Northern Territory of Australia [2017] FCAFC 182 Appeal from: Bulabul on behalf of the Kewulya, Gunduburun and Barnubarnu Groups v Northern Territory of Australia [2017] FCA 461

File number: NTD 23 of 2017

Judge: JAGOT, GRIFFITHS AND MORTIMER JJ

Date of judgment: 27 November 2017

Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal NATIVE TITLE – appeal from a judgment of a single judge of the Federal Court of Australia – whether primary judge erred in exercising his discretion to dismiss the applications for want of prosecution – whether primary judge erred in his findings concerning prejudice to the appellants if they lost their right to negotiate with respect to future acts under Subdiv P of Div 3 of Pt 2 of the Native Title Act 1993 (Cth); in finding there was no indication of current activity in relation to an application; in failing to take into account relevant considerations in relation to one application; in finding that the evidence established no more than future possibility of some future act; in failing to consider the lack of progress of the dismissed claims and the resourcing issues of the Northern Land Council; and in taking into account an irrelevant consideration, namely the likelihood that the dismissed claims will be replaced with other applications Held: application for extension of time and leave to appeal granted; appeal dismissed

Legislation: Native Title Act 1993 (Cth) ss 25, 29, 30, 30A, 31, 38, 84A, 190, 203BB, 233, 253, Subdiv P of Div 3 of Pt 2, Pt 11 Federal Court Rules 2011 (Cth) rr 1.40, 5.23 Mineral Titles Act 2010 (NT) s 71 Pastoral Land Act 1992 (NT) Petroleum Act 1984 (NT)