Smith on behalf of the Gnaala Karla Booja People v State of Western Australia [2001] FCA 19

FEDERAL COURT OF AUSTRALIA

Smith on behalf of the Gnaala Karla Booja People v State of Western Australia [2001] FCA 19

ABORIGINES – native title – right to negotiate – expedited procedure – objection – whether act "likely to interfere directly with the carrying on of community or social activities" – whether "likely" requires "real chance" test or balance of probabilities test – whether assessment of direct interference with community or social activities permits regard to external and third party impacts on community or social activities – evaluative character of judgment – precise causal analysis inappropriate. Native Title Act 1993 (Cth) s 29, s 32, s 237, s 169, s 139

Ward v State of Western Australia (1996) 69 FCR 208 cited State of Western Australia v Ward (1996) 70 FCR 265 cited Dann v Western Australia (1997) 74 FCR 391 cited Tillmanns Butcheries Pty Ltd v Australian Meat Industry Employees' Union (1979) 27 ALR 367 cited Jungarrayi v Olney (1992) 105 ALR 527 cited DERRICK SMITH ON BEHALF OF THE GNAALA KARLA BOOJA PEOPLE v THE STATE OF WESTERN AUSTRALIA, SOUTH COAST METALS PTY LTD W6006/2000 FRENCH J 19 JANUARY 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W6006 OF 2000

BETWEEN: DERRICK SMITH ON BEHALF OF THE GNAALA KARLA BOOJA PEOPLE

APPLICANT

AND: THE STATE OF WESTERN AUSTRALIA

FIRST RESPONDENT

SOUTH COAST METALS PTY LTD

SECOND RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 19 JANUARY 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application is dismissed.

2. No order as to costs.

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 W6006 OF 2000