Strickland v Native Title Registrar [2000] FCA 10

FEDERAL COURT OF AUSTRALIA

Strickland v Native Title Registrar [2000] FCA 10

NATIVE TITLE – registration of native title claim – application for review of decision refusing registration – decision set aside – ancillary orders – restoration of entry relating to pre-amendment application with effect from date entry removed – direction to include details of amended claim prospective only.

Native Title Act 1993 (Cth)

Native Title Amendment Act 1998 (Cth) s 190A(1), s 190(3), s 190C, s 190D

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16

Judiciary Act 1903 (Cth) s 39B

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

11 JANUARY 2000

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

Applicants

AND: THE NATIVE TITLE REGISTRAR

First Respondent

THE STATE OF WESTERN AUSTRALIA

Second Respondent

JUDGE: FRENCH J

DATE OF ORDER: 11 JANUARY 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The First Respondent is directed to amend the Register of Native Title Claims to reflect paragraph 1 of the order made on 4 November 1999 by deleting therefrom any purported removal of entries relating to the three pre-combination applications made pursuant to the decision of the Registrar's delegate on 8 June 1999. 2. There will be no order as to costs of the application for review including the application for joinder of the State of Western Australia as a respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.