McGlade v South West Aboriginal Land & Sea Aboriginal Corporation (No 2) [2019] FCAFC 238

FEDERAL COURT OF AUSTRALIA

McGlade v South West Aboriginal Land & Sea Aboriginal Corporation (No 2) [2019] FCAFC 238 File numbers: WAD 525 of 2018 (LEAD APPLICATION) WAD 523 of 2018 WAD 524 of 2018 WAD 527 of 2018 WAD 528 of 2018 WAD 529 of 2018 WAD 546 of 2018 (LEAD APPLICATION) WAD 549 of 2018 WAD 557 of 2018 WAD 565 of 2018

Judges: ALLSOP CJ, MCKERRACHER AND MORTIMER JJ

Date of judgment: 19 December 2019

Catchwords: ADMINISTRATIVE LAW – judicial review of a decision of the Registrar to the National Native Title Tribunal – application to review the decision to register six indigenous land use agreements (ILUAs) – whether the Registrar erred in concluding that all the people identified as holding native title rights in respect of the settlement area had authorised the making of the ILUAs NATIVE TITLE – s 203BE of the Native Title Act 1993 (Cth) (NTA) – certification of applications for registration of ILUAs – s 251A of the NTA – authorising the making of ILUAs – objections under s 24CI(1) on the grounds that the requirements of paragraphs 203BE(5)(a) and (b) were not satisfied NATIVE TITLE – certifications under s 203BE(1)(b) of the NTA – where certifications made by the chief executive officer – consideration of Northern Land Council v Quall [2019] FCAFC 77 – where the Aboriginal and Torres Strait Islander corporation was incorporated under the Corporations (Aboriginal & Torres Strait Islander) Act 2006 (Cth)