Kanak, Dominic Wy v National Native Title Tribunal & Ors [1995] FCA 859

CATCHWORDS NATIVE TITLE - Practice and procedure - Native Title Determination application - effect of application not complying with s.62 of Native Title Act 1993 (Cth) - non-complying application may not be rejected until applicant has been notified of the non-compliance and given a reasonable opportunity to rectify the non-compliance - applicant to be given reasonable opportunity to file affidavit and to pay fees or demonstrate exemption from liability to pay fees. NATIVE TITLE - Person claiming to hold native title - requirement in s.63 that applicant show that a prima facie claim can be made out - absence of biological or adoptive relationship with groups said to be entitled to rights of enjoyment under native title - unable to show a prima facie claim. Native Title Act 1993 (Cth), ss 61-67, 70. National Native Title Tribunal Regulations 1993 (Cth), regs 7,8. Mabo v The State of Queensland [No.2] (1992) 175 CLR 1. Re Waanyi People's Native Title Application (1994) 129 ALR 100. Re Waanyi People's Native Title Application (1994) 129 ALR 118. In the matter of Native Title Act 1993; Re Associated Gold Fields NL and Alkane Exploration NL, National Native Title Tribunal, Olney J., 6 February 1995, unreported. Northern Territory v Lane, Federal Court of Australia, O'Loughlin J., 24 August 1995, unreported. DOMINIC WY KANAK v NATIONAL NATIVE TITLE TRIBUNAL & ORS NG 6003 of 1995 Lockhart, Lee, Sackville JJ. Sydney 27 October 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) NG 6003 OF 1995 GENERAL DIVISION ) ON APPEAL FROM THE NATIONAL NATIVE TITLE TRIBUNAL CONSTITUTED BY THE HONOURABLE JUSTICE FRENCH, PRESIDENT BETWEEN: DOMINIC WY KANAK Applicant AND: NATIONAL NATIVE TITLE TRIBUNAL First Respondent THE PIPELINE AUTHORITY Second Respondent ICI AUSTRALIA OPERATIONS PTY LIMITED Third Respondent GORODOK PTY LIMITED Fourth Respondent CORAM: LOCKHART, LEE, SACKVILLE JJ. PLACE: SYDNEY DATE: 27 OCTOBER 1995 MINUTES OF ORDER THE COURT: 1. AFFIRMS the decision of the Honourable Justice French, President of the National Native Title Tribunal, given on 23 March 1995. 2. ORDERS that the application be dismissed. 3. Makes no order as to costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.