Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taylor v State of Western Australia [2008] FCA 1675
NATIVE TITLE – court's discretionary power to dismiss an application on its own motion if the application has not been amended since earlier failure of registration test and no evidence that likely to be amended in a way that would lead to a different outcome – no other reason why the application should not be dismissed Held: The application be dismissed. Native Title Act 1993 (Cth) ss 61, 62, 190A, 190B(3), 190B(5), 190B(6), 190B(7), 190C(2), 190C(4), 190F(5), 190F(6) Federal Court Rules O 78 r 12 Christine George & Ors on behalf of the Gurambilbarra People v State of Queensland[2008] FCA 1518 KEVIN TAYLOR and ILDEPHONSE TAYLOR ON BEHALF OF THE AMANGU PEOPLE v STATE OF WESTERN AUSTRALIA, WESTERN AUSTRALIAN FISHING INDUSTRY COUNCIL (INC), COMMONWEALTH OF AUSTRALIA, SHIRE OF THREE SPRINGS, SHIRE OF CARNAMAH, SHIRE OF IRWIN, YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION, ARNOLD FRANKS, RAYMOND DANN & OTHERS REPRESENTING AMANGU CLAIMANTS, COCKBURN CEMENT LTD, LUZENAC AUSTRALIA PTY LTD, MAGNETIC MINERALS PTY LTD and TELSTRA CORPORATION LIMITED
WAD 6006 of 2001
MCKERRACHER J
12 NOVEMBER 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 6006 of 2001
BETWEEN: KEVIN TAYLOR AND ILDEPHONSE TAYLOR
ON BEHALF OF THE AMANGU PEOPLE
Applicants
AND: STATE OF WESTERN AUSTRALIA
First Respondent
WESTERN AUSTRALIAN FISHING INDUSTRY COUNCIL (INC)
Second Respondent
COMMONWEALTH OF AUSTRALIA
Third Respondent
SHIRE OF THREE SPRINGS
SHIRE OF CARNAMAH
SHIRE OF IRWIN
Fourth Respondents
YAMATJI MARLPA BARNA BABA MAAJA ABORIGINAL CORPORATION
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