Harkin on behalf of the Nanatadjarra People v State of Western Australia (No 2) [2021] FCA 3

Federal Court of Australia

Harkin on behalf of the Nanatadjarra People v State of Western Australia (No 2) [2021] FCA 3 File number: WAD 348 of 2017

Judgment of: GRIFFITHS J

Date of judgment: 18 January 2021

Catchwords: NATIVE TITLE – interlocutory application for summary dismissal or strike out of a native title determination application – whether there are reasonable prospects of the native title applicant establishing that the native title claim was properly authorised within the meaning of ss 61(1) and 251B of the Native Title Act 1993 (Cth) – separate interlocutory application to amend the people who constitute the applicant – native title determination application summarily dismissed under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) – interlocutory application to amend dismissed as unnecessary to consider the merits or determine

Legislation: Acts Interpretation Act 1901 (Cth), ss 13(3), 15AB(2) Federal Court of Australia Act 1976 (Cth), s 31A(2) Native Title Act 1993 (Cth), ss 13(1), 61, 62, 66B, 84C, 190C(4)(b), 251B

Cases cited: Ashwin on behalf of the Wutha People v State of Western Australia (No 4) [2019] FCA 308; 369 ALR 1 Bolton on behalf of the Southern Noongar Families v State of Western Australia [2004] FCA 760 Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd [2006] FCA 1352; 236 ALR 720 Brown v State of South Australia [2009] FCA 206 Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 2) [2018] FCA 978 Danthanarayana v Commonwealth of Australia [2016] FCAFC 114 Trkulja v Google LLC [2018] HCA 25; 263 CLR 149 Williams v Grant [2004] FCAFC 178