Federal Court of Australia
Federal Court of Australia
Dimer on behalf of the Jardu Mar People v State of Western Australia [2022] FCA 64 File number: WAD 4 of 2021
Judgment of: BROMBERG J
Date of judgment: 4 February 2022
Catchwords: NATIVE TITLE – application to dismiss claimant application under s 190F(6) of the Native Title Act 1993 (Cth) – where delegate of the Native Title Registrar and member of National Native Title Tribunal refused to register the claimant application – meaning of "likely" in s 190F(6) – obstacles to registration in claimant application not likely to be remedied – late application for a stay of the dismissal proceeding pending application for leave to amend the application rejected – claimant application dismissed
Legislation: Federal Court Rules 2011 (Cth) r 34.109 Native Title Act 1993 (Cth) ss 31A, 61A, 84C, 190A, 190B, 190C, 190E, 190F, 251B
Cases cited: Champion v State of Western Australia (No 2) [2011] FCA 345 Christine George on behalf of the Gurambilbarra People v State of Queensland [2008] FCA 1518 Fazeldean on behalf of the Thalanyji People (No 2) v State of Western Australia [2012] FCA 1163 Pappin on behalf of the Muthi Muthi People v Attorney-General of New South Wales (No 3) [2018] FCA 1036 Sambo v State of Western Australia [2015] FCA 954
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