Bates on behalf of the Malyangapa Part B Claim Group v Attorney General of New South Wales [2021] FCA 1198

FEDERAL COURT OF AUSTRALIA

Bates on behalf of the Malyangapa Part B Claim Group v Attorney General of New South Wales [2021] FCA 1198 File number: NSD 526 of 2021

Judgment of: MURPHY J

Date of judgment: 5 October 2021

Catchwords: NATIVE TITLE – interlocutory application for joinder of respondent parties pursuant to s 84(5) of the Native Title Act 1993 (Cth) (the Act) – interlocutory application for strike-out of a native title determination application under s 84C of the Act on the ground that it is not properly authorised and/or summary dismissal on grounds that it has no reasonable prospect of success and is an abuse of process – whether the native title claim was properly authorised under ss 61 and 251B of the Act – whether the native title application complies with s 62 of the Act – whether the native title claim group are a sub-group – whether the decision-making process for authorising the applicant was pre-determined – whether the native title claim has no reasonable prospect of success under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01(a) of the Federal Court Rules 2011 (Cth) or constitutes an abuse of process under r 26.01(d) of the Rules – whether to determine such issues in an interlocutory hearing – joinder allowed – strike-out and summary dismissal refused

Legislation: Evidence Act 1995 (Cth) s 56 Federal Court of Australia Act 1976 (Cth) s 31A, 37M Native Title Act 1993 (Cth) ss 61, 61A, 62, 66B, 67, 84(5), 84C, 84D, 190B, 190C, 203BD, 251B, 253 Federal Court Rules 2011 (Cth) r 26.01(a)