Ward v Registrar, National Native Title Tribunal [1999] FCA 1732

FEDERAL COURT OF AUSTRALIA

Ward v Registrar, National Native Title Tribunal

[1999] FCA 1732

NATIVE TITLE – registration of native title claim – application for review of decision refusing registration – whether Registrar erred in deciding that native title claim group was not described sufficiently clearly – whether error in failing to be satisfied that applicants were authorised by all members of the native title claim group.

Native Title Act 1993 (Cth) ss 190B(3), (4), 190C(4)(b)

Bullen & Ors v State of Western Australia and Minister for Minerals and Energy [1999] FCA 1490 referred to

Strickland v Native Title Registrar [1999] FCA 1530 followed

Mabo v Queensland (No. 2) (1992) 175 CLR 1 referred to

Ward v State of Western Australia (1998) 159 ALR 483 referred to

Delgamuukw v British Columbia (1991) 79 DLR (4th) 185 referred to

BEN WARD & ORS v THE REGISTRAR, NATIONAL NATIVE TITLE TRIBUNAL, THE STATE OF WESTERN AUSTRALIA and THE KIMBERLEY LAND COUNCIL

W 6003 of 1999

CARR J

13 DECEMBER 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 6003 OF 1999

BETWEEN: BEN WARD, JOHN TOBY, JIMMY WARD, RONNIE CARLTON, JEFF JANAMA, DODGER CARLTON, KIM ALDRUS, MURPHY SIMON, SHEBA DIGNARI, TOBY BANMAR, RONNIE YUNDUN

Applicants

AND: THE REGISTRAR, NATIONAL NATIVE TITLE TRIBUNAL

First Respondent

THE STATE OF WESTERN AUSTRALIA

Second Respondent

KIMBERLEY LAND COUNCIL

Third Respondent

JUDGE: CARR J

DATE OF ORDER: 13 DECEMBER 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicants pay the costs of the second and third respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.