MT (deceased) v State of Western Australia (No 2) [2015] FCA 697

FEDERAL COURT OF AUSTRALIA

MT (deceased) v State of Western Australia (No 2) [2015] FCA 697 Citation: MT (deceased) v State of Western Australia (No 2) [2015] FCA 697

Parties: MT (DECEASED) & ORS v STATE OF WESTERN AUSTRALIA & ORS

File number: WAD 6124 of 1998

Judge: BARKER J

Date of judgment: 8 July 2015

Catchwords: NATIVE TITLE – strike-out application under s 84C of the Native Title Act 1993 (Cth) – whether claim was authorised under s 61 of the Native Title Act 1993 (Cth) – whether strike-out application should be determined at time of hearing of main application – order made PRACTICE AND PROCEDURE – application for summary judgment under R 26.01 of the Federal Court Rules 2011 (Cth) – whether reasonable cause of action is disclosed – order made PRACTICE AND PROCEDURE – application for proceeding to be stayed or dismissed where applicant in default of orders pursuant to R 5.23 of the Federal Court Rules 2011 (Cth) – order dismissing application made

Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Native Title Act 1993 (Cth) s 61, s 62(1)(a)(v), s 84C, s 84C(1), s 84C(2), s 84D(1) Federal Court Rules 2011 (Cth) R 5.22(b), R 5.23(1)(b), R 26.01(1)(c)

Cases cited: Budby on behalf of the Barada Barna People v State of Queensland [2013] FCAFC 149 Hancock, Alan Roy v Visy Board Pty Ltd (ACN 005 787 913) [1997] FCA 113 Hazelbane v Northern Territory of Australia [2008] FCA 291 Hazelbane v Northern Territory of Australia [2014] FCA 886 KK (deceased) v State of Western Australia (2013) 217 FCR 115; [2013] FCA 1234 McKenzie v State of Western Australia [2013] FCA 1058 MT (deceased) v State of Western Australia [2013] FCA 1302 Williams v Grant [2004] FCAFC 178