Collins on behalf of the Wongkumara People v Harris on behalf of the Palpamudramudra Yandrawandra People [2016] FCA 527

FEDERAL COURT OF AUSTRALIA

Collins on behalf of the Wongkumara People v Harris on behalf of the Palpamudramudra Yandrawandra People [2016] FCA 527 File number(s): QUD 106 of 2016

Judge(s): JAGOT J

Date of judgment: 16 May 2016

Catchwords: NATIVE TITLE – interlocutory application for summary dismissal of the proceedings – whether the persons making the native title determination application were authorised by all the persons in the native title claim group, pursuant to s 61(1) and (4) of the Native Title Act 1993 (Cth)

Legislation: Federal Court of Australia Act 1976 (Cth) ss 31A, 31A(2) Federal Court Rules 2011 (Cth) rr 26.01, 26.01(1)(a) Native Title Act 1993 (Cth) ss 61, 61(1), 61(4), 62A, 66B, 84C, 84D, 84D(4), 251B, 251B(b), 253

Cases cited: Bolton on behalf of the Southern Noongar Families v State of Western Australia [2004] FCA 760 Brown v State of South Australia [2009] FCA 206 Jerrungarugh People - Brown v NSW Minister for Land & Water Conservation [2000] FCA 1753 Lawson on behalf of the 'Pooncarie' Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 1517 Nicholls v State of South Australia [2015] FCA 1407 Sandy on behalf of the Yugara/Yugarapul People v State of Queensland [2012] FCA 978 TJ (on behalf of the Yindjibarndi People) v State of Western Australia [2015] FCA 818