Moran v Minister for Land & Water Conservation for the State of New South Wales [1999] FCA 1637

FEDERAL COURT OF AUSTRALIA

Moran v Minister for Land & Water Conservation for the State of New South Wales [1999] FCA 1637

NATIVE TITLE – Procedure - Requirements for proper commencement of suit – Necessity to establish that applicant is authorised by all the persons in the native title claim group to make the subject applications – Applications failed to establish either individual authorisation or authorisation in accordance with customary law or traditional practice -–Application by another group member to be a replacement applicant failed because of inability to prove his application was authorised by the claim group – Principal proceedings not well commenced and foredoomed to failure – Proceeding dismissed as abuse of process.

Native Title Act 1993, ss61, 62, 66B and 251B

Federal Court Rules, Order 20 rule 2

IN THE MATTER OF KIM EDNA EILEEN MORAN on behalf of the MORAN CLAN OF THE GUNDUNGARA and MINISTER FOR LAND & WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES

BETWEEN: WILLIAM ALLEN (WILAY BIJARR) on behalf of the Moran Clan native title claimant group v KIM EDNA EILEEN MORAN, MINISTER FOR LAND & WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES and NEW SOUTH WALES ABORIGINAL LAND COUNCIL

No. N6001 of 1999

No. N6006 of 1999

No. N6008 of 1999

WILCOX J

SYDNEY

25 NOVEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N6001 of 1999

IN THE MATTER OF: KIM EDNA EILEEN MORAN on behalf of the MORAN CLAN OF THE GUNDUNGARA

And

MINISTER FOR LAND & WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES

BETWEEN: WILLIAM ALLEN (WILAY BIJARR) on behalf of the Moran Clan native title claimant group

Applicant

AND: KIM EDNA EILEEN MORAN

First Respondent

MINISTER FOR LAND & WATER CONSERVATION FOR THE STATE OF NEW SOUTH WALES