Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dann v Yamera [2017] FCA 513 File number: WAD 10 of 2017
Judge: BARKER J
Date of judgment: 15 May 2017
Catchwords: NATIVE TITLE – application for judicial review of Native Title Registrar's decision to accept claim for registration – operation of s 190C(3) of the Native Title Act 1993 (Cth) – overlap of two claimant applications – where member of one claim group also member of second claim group – whether Registrar improperly exercised power under s 190A of the Act – whether exercise of power so unreasonable no reasonable person could have so exercised power – decision set aside
Legislation: Native Title Act 1993 (Cth) ss 190A(3), 190A(6), 190C, 190C(3) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1)(e) and s 5(1)(f)
Cases cited: Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia [2015] FCA 1481 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Northern Territory of Australia v Doepel (2003) 133 FCR 112; [2003] FCA 1384
Date of hearing: 21 April 2017
Registry: Western Australia
Division: General Division
National Practice Area: Native Title
Category: Catchwords
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