Hughes on behalf of the Eastern Guruma People v State of Western Australia (No 3) [2016] FCA 840

FEDERAL COURT OF AUSTRALIA

Hughes on behalf of the Eastern Guruma People v State of Western Australia (No 3) [2016] FCA 840 Appeal from: TJ on (behalf of the Yindjibarndi People) v State of Western Australia [2016] FCA 553

File number(s): WAD 225 of 2016 WAD 226 of 2016

Judge: GILMOUR

Date of judgment: 25 July 2016

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory decision summarily dismissing an application for a native title determination as an abuse of process and further under s 31A(2) Federal Court of Australia Act 1976 (Cth) – whether leave to appeal may be refused where the decision has the practical effect of finally determining a party's claim to native title PRACTICE AND PROCEDURE – summary dismissal - abuse of process – whether primary judge erred in his consideration of requirement for proof of native title – consideration of "spiritual connection" – whether merely an evidentiary analysis – whether finding of relevant prejudice unreasonable and illogical – whether irrelevant considerations taken into account COSTS – application for leave to appeal from an individual costs order against the applicant upon the dismissal of his application for joinder – application for leave to appeal from order that the individual applicant pay the costs thrown away for reasons including the lodgement of a claim, by a native title claim group

Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1A), 24(1D), 31A(2), 31A(3) Federal Court Rules 2011 (Cth) r 26.01 Native Title Act 1993 (Cth) ss 13, 61(1), 61(5), 62(1)(b), 62(2)(d)-(f), 67, 84(5), 223, 223(1)(b), 235, 251B