Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hogan v State of Western Australia [2009] FCA 610
NATIVE TITLE – Court's discretionary power to dismiss an application on its own motion – where application has failed registration test – where application has not been amended since consideration by the Registrar – where application not likely to be amended in a way that would lead to a different outcome once considered by the Registrar – no other reason why the application should not be dismissed Held: The application be dismissed. Christine George & Ors on behalf of the Gurambilbarra People v State of Queensland [2008] FCA 1518
HARRY HOGAN, MONICA ELVINA CURRIE, KEVIN DIMER and MARY PAUL v STATE OF WESTERN AUSTRALIA, CITY OF KALGOORLIE - BOULDER, SHIRE OF DUNDAS, H CARMODY, GOLDFIELDS LAND & SEA COUNCIL ABORIGINAL CORPORATION, BUNA LAWRIE FOR AND ON BEHALF OF THE MIRNING PEOPLE, MERCY O'LOUGHLIN, IMPERIAL MINING NL, TULLOCH RESOURCES NL, RS CAMPBELL (KYBO STATION), C DAY (GUNNADORAH STATION), MARGARET MERLE HOGG, DONALD JOHN HOGG AND NEIL ALEXANDER HOGG (KINCLAVEN STATION), MADURA PLAINS PTY LTD (MOONERA STATION), AG & ST MCGREGOR (KANANDAH STATION), RUSSELL & JUDITH SWANN, DAVE THOMAS, GRAHAM ANDREW THOMAS AND ANTHONY WAYNE THOMAS (BALGAIR STATION), TELSTRA CORPORATION LIMITED, AUSTRALIAN NATIONAL RAILWAYS COMMISSION and COLVIN DAY
WAD 6162 of 1998
MCKERRACHER J
8 JUNE 2009
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 6162 of 1998
BETWEEN: HARRY HOGAN
MONICA ELVINA CURRIE
KEVIN DIMER
MARY PAUL
Applicants
AND: STATE OF WESTERN AUSTRALIA
First Respondent
CITY OF KALGOORLIE – BOULDER
SHIRE OF DUNDAS
Third Respondents
H CARMODY
GOLDFIELDS LAND & SEA COUNCIL ABORIGINAL CORPORATION
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