Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Malay v State of Western Australia [2012] FCA 369 Citation: Malay v State of Western Australia [2012] FCA 369
Parties: JOHN MALAY, EILEEN MALAY, KEVIN MALAY, JOAN MALAY, MARIA MALAY, NORMA MALAY, BEVERLEY MALAY, LINDSAY MALAY v STATE OF WESTERN AUSTRALIA and OTHERS
File number(s): WAD 134 of 2010 WAD 135 of 2010
Judge: GILMOUR J
Date of judgment: 11 April 2012
Catchwords: NATIVE TITLE – Court's discretionary power to dismiss an application on its own motion – application failed to satisfy all conditions of registration test – application did not satisfy the conditions under s 190B and s 190C of the Act – consideration of s 190F(6) of the Act – application not amended nor likely to be amended in a way that would lead to a different outcome once considered by the Registrar – no other reason why application should not be dismissed
Legislation: Native Title Act 1993 (Cth) ss 61, 190A, 190B, 190B(2) 190B(5)(b), 190B(5)(c), 190B(6), 190B(7), 190C(4), 190F(5), 190F(5)(a)(i), 190F(5)(b), 190F(6)
Cases cited: Christine George & Ors on behalf of the Gurambilbarra People v State of Queensland [2008] FCA 1518 Strickland v Western Australia [2010] FCA 272
Place: Perth
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