Brownley on behalf of the Gulgoordi-Garlgurla Wongi People v State of Western Australia [2024] FCA 208

FEDERAL COURT OF AUSTRALIA

Brownley on behalf of the Gulgoordi-Garlgurla Wongi People v State of Western Australia [2024] FCA 208 File number(s): WAD 330 of 2023

Judgment of: O'BRYAN J

Date of judgment: 8 March 2024

Catchwords: NATIVE TITLE – interlocutory application by respondent to dismiss applicant's native title proceeding – whether proceeding is abuse of process – where proceeding seeks to resurrect previously-dismissed native title claim – where proceeding would occasion unjustifiable oppression to parties in separate native title proceeding – proceeding dismissed as abuse of process

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Native Title Act 1993 (Cth) ss 64, 67, 84, 84C, 85A, 190A, 190B, 190C, 190F, 251B Federal Court Rules 2011 (Cth) r 26.01

Cases cited: Dimer on behalf of the Jardu Mar People v State of Western Australia [2022] FCA 64 Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 2) [2023] FCA 1060 Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia (No 5) [2023] FCA 1417 Harrington-Smith on behalf of the Wongatha People v Western Australia (No 9) [2007] FCA 31; 238 ALR 1 Lawson on behalf of the Badimaya Barna Guda People v State of Western Australia [2020] FCA 104 Lewis on behalf of the Nyalpa Pirniku Native Title Claim Group v State of Western Australia [2023] FCA 1294 Strickland on behalf of the Maduwongga Claim Group v State of Western Australia [2023] FCA 270 TJ on behalf of the Yindjibarndi People v State of Western Australia [2016] FCA 553 UBS AG v Tyne (2018) 265 CLR 77