Pappin on behalf of the Muthi Muthi People v Attorney-General of New South Wales [2017] FCA 76

FEDERAL COURT OF AUSTRALIA

Pappin on behalf of the Muthi Muthi People v Attorney-General of New South Wales [2017] FCA 76 File number(s): NSD 1603 of 2015

Judge(s): GRIFFITHS J

Date of judgment: 9 February 2017

Catchwords: NATIVE TITLE – application for review of a decision by the delegate of a Registrar under s 190F of the Native Title Act 1993 (Cth) (the Act) – delegate's determination that application does not meet the criteria for registration in s 190A of the Act – whether delegate erred in finding that the application did not identify an area subject to native title because it did not sufficiently contain the information required by ss 62(2) of the Act and did not satisfy the requirements of ss 190B(2) and 190C(2) of the Act – whether delegate erred in finding there was insufficient evidence in the application to determine that the applicant was part of a native title claim group authorised to make the application as required by s 190C(4) of the Act. Held: no reviewable error established – application for review dismissed.

Legislation: Native Title Act 1993 (Cth), ss 61, 62, 190A, 190B, 190C, 190F, 251B Federal Court Rules 2011 (Cth), r 23.12

Cases cited: Anderson on behalf of the Numbahjing Clan within the Bundjalung Nation v Registrar of the National Native Title Tribunal [2012] FCA 1215; 297 ALR 660 Bodney v Western Australia [2003] FCA 890 Cavallari v Premier Refrigeration Co Pty Ltd [1952] HCA 26; 85 CLR 20 Edward Landers v State of South Australia [2003] FCA 264 Gudjala People No 2 v Native Title Registrar [2007] FCA 1167 Gudjala People No 2 v Native Title Registrar [2008] FCAFC 157; 171 FCR 317 Gudjala People No 2 v Native Title Registrar [2009] FCA 1572; 182 FCR 63 Moran v Minister for Land & Water Conservation for New South Wales [1999] FCA 1637 Quall v Risk [2001] FCA 378 Risk v National Native Title Tribunal [2000] FCA 1589 Shaw v Wolf (1998) 163 ALR 205 Strickland v Native Title Registrar [1999] FCA 1530; 168 ALR 242 Western Australia v Strickland [2000] FCA 652; 99 FCR 33