Hazelbane v Northern Territory of Australia [2008] FCA 291

FEDERAL COURT OF AUSTRALIA

Hazelbane v Northern Territory of Australia [2008] FCA 291 NATIVE TITLE – application to strike out native title claim under s 84C(1) Native Title Act 1993 (Cth) – approach under s 84C(1) compared to general principles of summary dismissal – whether claimants properly authorised under s 251B to bring claim – whether certain members of claimant group authorised by all members of native title claim group to bring claim on required by s 251B – whether claimant group constitute a native title claim group for purposes of s 251B Native Title Act 1993 (Cth) Evidence Act 1995 (Cth) Aboriginal Land Rights Act (1976) Williams v Grant [2004] FCAFC 178 referred to Bodney v Bropho (2004) 140 FCR 77 referred to Dey v Victorian Railways Commissioner (1949) 78 CLR 62 referred to General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 referred to Landers v South Australia (2003) 128 FCR 495 discussed/referred to Quall v Risk [2001] FCA 389 referred to Dieri People v South Australia (2003) 127 FCR 364 referred to Quandamooka People (No 1) v State of Queensland [2002] FCA 259 referred to Moran v Minister of Land and Water Conservation for New South Wales [1999] FCA 1637 referred to Daniel v Western Australia [2002] FCA 1147 referred to Risk v Northern Territory [2006] FCA 404 referred to Harrington-Smith v Western Australia (No 9) (2007) 238 ALR 1 referred to Bodney v State of Western Australia [2003] FCA 890 discussed Rocklea Spinning Mills Pty Ltd v Anti-Dumping Authority (1995) 56 FCR 406 referred to Ward v Western Australia (1998) 159 ALR 483 referred to Risk v National Native Title Tribunal [2000] FCA 1589 referred to Tilmouth v Northern Territory [2001] 109 FCR 240 referred to Energy Australia v Australian Energy [2001] FCA 1049 referred to Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130 referred to GABRIEL HAZELBANE & ORS ON BEHALF OF THE WARAI AND KUNGARAKANY GROUPS v NORTHERN TERRITORY OF AUSTRALIA & ORS NTD 6057 OF 2001 THOMAS PETHERICK & ORS ON BEHALF OF THE EMU AND BLUE TONGUE LIZARD CLANS v NORTHERN TERRITORY OF AUSTRALIA & ORS NTD 21 OF 2005