Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Phillips v State of Western Australia [2000] FCA 1274
NATIVE TITLE – PRACTICE AND PROCEDURE – application to Federal Court for determination of native title – motion for summary dismissal of application – whether no reasonable cause of action disclosed – delegate of Native Title Registrar had decided that application for native title did not satisfy the test for registration on the Register of Native Title Claims – whether the Court should adopt the Registrar's findings and decision and strike-out the application to the Court.
Native Title Act 1993 (Cth), ss 86, 190A, 190B
Dey v Victorian Railways Commissioner (1949) 78 CLR 62 at 91 applied
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 applied
NEIL ALBERT PHILLIPS & ORS (ON BEHALF OF THE BUDDIMIA (PANDAWN) PEOPLE v STATE OF WESTERN AUSTRALIA & ORS WAG 43, 44 & 45 OF 1998 CARR J 8 SEPTEMBER 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAG 43, 44 & 45 OF 1998
BETWEEN: NEIL ALBERT PHILLIPS & ORS ON BEHALF OF THE BUDDIMIA (PANDAWN) PEOPLE
Applicants
AND: STATE OF WESTERN AUSTRALIA & ORS
Respondents
JUDGE: CARR J
DATE OF ORDER: 8 SEPTEMBER 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The first respondent's motion, being the subject of its notice of motion filed on 14 April 2000, be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAG 43, 44 & 45 OF 1998
BETWEEN: NEIL ALBERT PHILLIPS & ORS ON BEHALF OF THE BUDDIMIA (PANDAWN) PEOPLE
Applicants
AND: STATE OF WESTERN AUSTRALIA & ORS
Respondents
JUDGE: CARR J
DATE: 8 SEPTEMBER 2000
PLACE: PERTH
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