Hazelbane v Northern Territory of Australia [2014] FCA 886

FEDERAL COURT OF AUSTRALIA

Hazelbane v Northern Territory of Australia [2014] FCA 886 Citation: Hazelbane v Northern Territory of Australia [2014] FCA 886

Parties: GABRIEL HAZELBANE & ORS ON BEHALF OF THE WARAI AND KUNGARAKANY GROUPS v NORTHERN TERRITORY OF AUSTRALIA & ORS THOMAS EDWARD PETHERICK & ORS ON BEHALF OF THE EMU AND BLUE TONGUE LIZARD CLANS v NORTHERN TERRITORY OF AUSTRALIA & ORS

File numbers: NTD 6057 of 2001; NTD 21 of 2005

Judge: MANSFIELD J

Date of judgment: 21 August 2014

Catchwords: NATIVE TITLE – application to be joined as respondents to a claim for a determination of native title – applicant claimed to be a representative of the numerous clan groups that hold native title over the claim area - claim struck out – application by motion to further amend the application to adduce further evidence of authorisation – application to further amend refused – claim as then amended was bound to fail – no reasonable foundation that shows the applicant was authorised by the numerous clan groups to make the amended application – no anthropological evidence to support the claims made

Legislation: Native Title Act 1993 (Cth) Federal Court Rules Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Migration Litigation Reform Act 2005 (Cth)