Strickland v Native Title Registrar [1999] FCA 1530

FEDERAL COURT OF AUSTRALIA

Strickland v Native Title Registrar [1999] FCA 1530

NATIVE TITLE –registration of native title claim – application for review of decision refusing registration – compliance with statutory criteria for registration – nature of review of Registrar's decision – margin of appreciation for Registrar's judgment – overlapping applications with common membership – basis for identifying date when relevant application "made" – date of entry of overlapping application on Register – effect of transitional provisions – sufficiency of identification of area subject to native title – sufficiency of basis for asserted authority to bring application – identification of native title rights and interests asserted – factual basis for native title rights and interests asserted.

Native Title Act 1993 (Cth) Native Title Amendment Act 1998 Cth)

North Ganalanja Aboriginal Corporation v State of Queensland (1996) 185 CLR 595, cited Northern Territory v Lane (1995) 59 FCR 332, cited Kanak v National Native Title Tribunal (1995) 61 FCR 103, cited Daniels v Western Australia & Others [1999] FCA 686, approved Mabo v The State of Queensland (No 2) (1992) 175 CLR 1, cited Powder v Registrar National Native Title Tribunal [1999] FCA 913, followed Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, cited MARJORIE MAY STRICKLAND and ANNE JOYCE NUDDING on behalf of the Maduwongga People v THE NATIVE TITLE REGISTRAR and THE STATE OF WESTERN AUSTRALIA W6018 of 1999 FRENCH J 4 NOVEMBER 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W6018 OF 1999

BETWEEN: MARJORIE MAY STRICKLAND and ANNE JOYCE NUDDING on behalf of the Maduwongga People

Applicant

AND: THE NATIVE TITLE REGISTRAR

First Respondent