Dieri People v State of South Australia [2003] FCA 187

FEDERAL COURT OF AUSTRALIA

Dieri People v State of South Australia [2003] FCA 187 NATIVE TITLE – motion to dismiss application for native title determination – adequacy of description of persons on whose behalf application was made – applicant group a sub-group of larger native title claim group – consideration of authorisation by all persons in a native title claim group – whether leave to amend application should be given – whether application should be dismissed.

Native Title Act 1993 (Cth), ss 61, 62, 64, 66, 84C, 251B Native Title Amendment Act 1998 (Cth), cl 21, cl 31 Native Title (Federal Court) Regulations 1998 Quall v Risk [2001] FCA 378 applied Daniel for the Ngaluma People v Western Australia [1999] FCA 686 cited Eora People – Brown v NSW Minister for Land and Water Conservation [2000] FCA 1238 cited Donnelly v Minister for Land and Water Conservation [1999] FCA 1581 cited Daniel v State of Western Australia [2002] FCA 1147 cited Holborow v State of Western Australia [2002] FCA 1428 cited State of Queensland v Hutchison (2001) 108 FCR 575 referred to Bruce v Oldhams Press Ltd [1936] 1 KB 697 cited Mitanis v Pioneer Concrete (Vic) Pty Ltd (Goldberg J, 10 October 1997, unreported) cited State of Queensland v Pioneer Concrete (Qld) Pty Ltd [1999] FCA 499 referred to Dieri People v State of South Australia [2000] FCA 1327 considered Moran v Minister of Land & Water Conservation for New South Wales [1999] FCA 1637 referred to Ward v State of Western Australia (1998) 159 ALR 483 referred to Risk v National Native Title Tribunal[2000] FCA 1589 referred to Tilmouth v Northern Territory of Australia (2001) 109 FCR 240 cited De Rose v State of South Australia [2002] FCA 1342 referred to Lawson v Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 1517 referred to Korewal People - Longbottom v NSW Minister for Land and Water Conservation (No.2) (2000) FCA 1237 followed