Forrest on behalf of the Tjalkadjara Native Title Claim Group v State of Western Australia [2021] FCA 399

Federal Court of Australia

Forrest on behalf of the Tjalkadjara Native Title Claim Group v State of Western Australia [2021] FCA 399 File number: WAD 597 of 2018

Judgment of: COLVIN J

Date of judgment: 22 April 2021

Catchwords: NATIVE TITLE - application pursuant to s 84C(1) of Native Title Act 1993 (Cth) to strike out application for determination of native title - where strike-out application brought by members of overlapping claim for determination of native title - whether application for determination of native title fails to comply with s 61 of Native Title Act as to authorisation of applicants - whether inadequate notification of authorisation meeting - whether decisions at authorisation meeting not made according to traditional decision-making process - whether in interests of justice for Court to exercise discretion to proceed to hear and determine application despite defect in authorisation - discretion exercised - application dismissed

Legislation: Native Title Act 1993 (Cth) ss 29, 61, 62A, 84C, 84D, 203BE, 225, 251B

Cases cited: Ashwin on behalf of the Wutha People v State of Western Australia (No 2) [2010] FCA 1472; (2010) 191 FCR 549 Bodney v Bropho [2004] FCAFC 226; (2004) 140 FCR 77 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 Daniel v State of Western Australia [2002] FCA 1147 Dieri People v State of South Australia [2003] FCA 187; (2003) 127 FCR 364 Goldfields Land and Sea Council Aboriginal Corporation v Minister for Indigenous Affairs [2019] FCA 2010 Gomeroi People v Attorney General of New South Wales [2017] FCA 1464 Lawson on behalf of 'Pooncarie' Barkandji (Paakantyi) People v Minister for Land and Water Conservation (NSW) [2002] FCA 1517 McGlade v South West Aboriginal Land & Sea Aboriginal Corporation (No 2) [2019] FCAFC 238 McKenzie v State Government of South Australia [2005] FCA 22 Miller v State of South Australia (Far West Coast Sea Claim) (No 2) [2018] FCA 599 North Ganalanja Aboriginal Corporation & The Waanyi People v State of Queensland (1996) 185 CLR 595 Reid v State of South Australia [2007] FCA 1479 Sandy on behalf of the Yugara/Yugarapul People v State of Queensland [2012] FCA 978 State of Western Australia v Fazeldean on behalf of the Thalanyji People (No 2) [2013] FCAFC 58; (2013) 211 FCR 150 TJ (on behalf of the Yindjibarndi People) v State of Western Australia [2015] FCA 818; (2015) 242 FCR 283 Velickovic v State of Western Australia [2012] FCA 782 Widjabul Wia-Bal v Attorney-General of New South Wales [2020] FCAFC 34; (2020) 274 FCR 577