Banks v State of Western Australia [2009] FCA 703

FEDERAL COURT OF AUSTRALIA

Banks v State of Western Australia [2009] FCA 703

NATIVE TITLE - application twice failed registration test - Court's discretionary power to dismiss application on its own motion - no amendment actual or foreshadowed since consideration by Registrar - no likelihood of application being amended in such a way as to lead to a different outcome once considered by Registrar - no other reason why application ought not be dismissed - application dismissed. Native Title Act 1993 (Cth), ss 190A, 190B, 190C, 190D, 190E(1), 190F(1), (5), (6) Native Title Amendment Act 2007 (Cth) Item 90 TANBA BANKS v STATE OF WESTERN AUSTRALIA, SHIRE OF HALLS CREEK, RAYMOND WALLABY, JACK BRITTEN and QUEENIE McKENZIE, AC PILKINGTON PTY LTD (ALICE DOWNS STATION), CG GREEN PTY LTD, ME GREEN PTY LTD (TEXAS DOWNS STATION), SOPHIE DOWNS STATION PTY LTD, THE NICHOLSON GRAZING COMPANY PTY LTD and TELSTRA CORPORATION LIMITED

WAD 6199 of 1998

GILMOUR J

15 JUNE 2009

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 6199 of 1998

BETWEEN: TANBA BANKS

Applicant

AND: STATE OF WESTERN AUSTRALIA

Group 1 Respondent

SHIRE OF HALLS CREEK Group 2 Respondent RAYMOND WALLABY, JACK BRITTEN and QUEENIE McKENZIE Group 3 Respondents AC PILKINGTON PTY LTD (ALICE DOWNS STATION), CG GREEN PTY LTD, ME GREEN PTY LTD (TEXAS DOWNS STATION), SOPHIE DOWNS STATION PTY LTD (SOPHIE DOWNS STATION) THE NICHOLSON GRAZING COMPANY PTY LTD Group 4 Respondents TELSTRA CORPORATION LIMITED

Group 5 Respondents

JUDGE: GILMOUR J

DATE OF ORDER: 15 JUNE 2009

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA