Walker v State of South Australia [2014] FCA 962

FEDERAL COURT OF AUSTRALIA

Walker v State of South Australia [2014] FCA 962 Citation: Walker v State of South Australia [2014] FCA 962

Parties: LANCE GILBERT WALKER v STATE OF SOUTH AUSTRALIA AND OTHERS

File number: SAD 162 of 2010

Judge: MANSFIELD J

Date of judgment: 5 September 2014

Catchwords: NATIVE TITLE – determination of native title application – strike out application - claim area overlaps with other existing native title claims - little evidence to support the very large claim area of the native title application – evidence supports a smaller geographical area of the claim area - whether the authorisation process complied with the legislative requirements – people who were part of the claim group were only those present at the meeting and signed a declaration that they were a member of the claim group – resolution did not constitute all apical ancestors of members of the claim group - whether applicant had the proper authorisation to make the native title application – consultation process was deficient – not all the potential claim group participated in the meetings

Legislation: Native Title Act 1993 (Cth) Judiciary Act 1903 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Walker v State of South Australia (No 2) (2013) 215 FCR 254 referred to Bodney v Bropho (2004) 140 FCR 77 cited McKenzie v State of South Australia [2005] FCA 22 cited Spencer v Commonwealth of Australia (2010) 241 CLR 118 cited Harrington-Smith on behalf of the Wongatha People v State of WA (No 9) [2007] FCA 31 cited Quall v Risk [2001] FCA 378 cited Landers v State of South Australia (2003) 128 FCR 495 cited Reid v South Australia [2007] FCA 1479 cited Roe v Kimberley Land Council Aboriginal Corporation [2010] FCA 809 cited Far West Coast Native Title Claim v South Australia (No 2) (2012) 204 FCR 542 cited KK v Western Australia (2013) 217 FCR 115 cited Dieri People v State of South Australia [2003] FCA 187 cited Brown v State of South Australia [2009] FCA 206 cited Bolton on behalf of the Southern Noongar Families v State of Western Australia [2004] FCA 760 cited Lawson v Minister for Land and Water Conservation [2002] FCA 1517 cited Kite v State of South Australia [2007] FCA 1662 cited Risk v National Native Title Tribunal [2000] FCA 1589 cited Bollison on behalf of Southern Noongan Families v State of Western Australia [2004] FCA 760 distinguished