Risk v National Native Title Tribunal [2000] FCA 1589

FEDERAL COURT OF AUSTRALIA

Risk v National Native Title Tribunal [2000] FCA 1589

NATIVE TITLE – Review of Registrar's decision to register claim – information placed before Registrar incorrect – whether delegate erred in law – information Registrar entitled to have regard to – whether Registrar complied with provisions of subs 190C(3) – composition of "native title claim group" - authorisation and identification of "native title claim group" – whether matter should be referred back to Tribunal Administrative Decisions (Judicial Review) Act 1977 (Cth) Native Title Act 1993 (Cth) ss 61, 62 190A, 190B, 190C, 190C(4) 251B, 253 Lands Acquisition Act (NT) Native Title Amendment Act 1998 (Cth) Western Australia v Strickland (2000) FCA 1530 applied Powder Family, on behalf of the Jetimarala People v Registrar, Native Title Tribunal [1999] FCA 913 referred to Mabo v Queensland No 2 (1991-1992) 175 CLR 1 cited State of Western Australia v Ben Ward and Others [2000] 170 ALR 159 cited Moran v Minister for Land & Water Conservation for the State of New South Wales [1999] FCA 1637 applied WILLIAM RISK v NATIONAL NATIVE TITLE TRIBUNAL and KEVIN LANCE QUALL NO D 9 of 2000 O'LOUGHLIN J ADELAIDE 10 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY D 9 OF 2000

BETWEEN: WILLIAM RISK

APPLICANT

AND: NATIONAL NATIVE TITLE TRIBUNAL

FIRST RESPONDENT

KEVIN LANCE QUALL

SECOND RESPONDENT

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 10 NOVEMBER 2000

WHERE MADE: ADELAIDE (heard in Darwin)

THE COURT ORDERS THAT: 1. The decision of the delegate be set aside with effect from the date of the decision, 31 May 2000. 2. The Registrar is to refrain from accepting registration of the application of Mr Quall in its present form. 3. The second respondent pay the costs of the applicant which costs are to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.