State of Western Australia v Strickland [2000] FCA 652

FEDERAL COURT OF AUSTRALIA

State of Western Australia v Strickland [2000] FCA 652 NATIVE TITLE – Application for native title determination – Judicial review of Registrar's decision not to accept a registered application for registration – Basis of Registrar's decision was the existence of a registered prior claim on behalf of persons who included some of the members of the group on behalf of whom the present application was made – Relevant date for determining whether the other claim was registered before the making of the present claim – Whether an application lodged before the commencement of the amending Act on 30 September 1998 should be regarded as being made on date of actual lodgment, on 30 September 1998 or on date of any subsequent combination of claims – Judicial review of Registrar's decision about acceptance for registration of a native title claim – Ambit of the review - Authorisation of claimants – Whether application set out grounds on which Registrar could be satisfied as to authorisation – Specification of claimed native title rights – Whether it was sufficient for applicants to claim "rights to the possession, occupation, use and enjoyment as against the whole world" subject to exceptions – Factual basis of claimed native title rights.

Native Title Act 1993 (Cth) ss61, 62, 63, 64, 190, 190A, 190B, 190C, 190D and 251B. Native Title Amendment Act 1998 (Cth) Bropho v Western Australia (2000) 169 ALR 365 referred to State of Western Australia v Native Title Registrar (1999) FCA 1593 referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied Commissioner for Railways (NSW) v Agalianos (1955) 92 CLR 390 applied Wattmaster Alco Pty Ltd v Button (1986) 13 FCR 253 followed Moran v Minister for Land and Water Conservation for the State of New South Wales [1999] FCA 1637 distinguished STATE OF WESTERN AUSTRALIA V MARJORIE MAY STRICKLAND AND ANNE JOYCE NUDDING AND THE NATIVE TITLE REGISTRAR No. W 6039 of 1999 JUDGES: BEAUMONT, WILCOX & LEE JJ DATE: 18 MAY 2000 PLACE: SYDNEY (HEARD IN PERTH)