Grant v Minister for Land & Water Conservation for the State of New South Wales [2003] FCA 621

Grant v Minister for Land & Water Conservation for the State of New South Wales [2003] FCA 621

Because the unchallenged affidavit evidence established that Wiradjuri traditional laws and customs required land issues to be decided through discussion by Elders and heads of families, that Ms Grant participated in such discussions, and that the outcome was authority for her to lodge the claim in response to the s 29 notice, Ms Grant was authorised under s 251B(a) and s 61 was satisfied. Section 62A also empowered the applicant to deal with matters arising under the Act, including amendment to add other applicants. The strike out motion therefore failed.

Jurisdiction
Australia
Judgment Date
20 June 2003
Procedural Posture
Native Title Claimant Application for Determination of the Existence of Native Title / Judgment on Notice of Motion Filed on 2 August 2002 Seeking Strike Out Under S 84 C of the Native Title Act 1993
Outcome
The notice of motion was dismissed and costs were reserved.
Legal Topics
['authorisation of Native Title Claimant Application' 'traditional Decision Making Process' 'strike Out Application' 'competing Native Title Claims']
['native Title' 'civil Procedure'] ['authorisation of Native Title Claimant Application' 'traditional Decision Making Process' 'strike Out Application' 'competing Native Title Claims']

Case Brief

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Procedural Posture

Native Title Claimant Application for Determination of the Existence of Native Title / Judgment on Notice of Motion Filed on 2 August 2002 Seeking Strike Out Under S 84 C of the Native Title Act 1993

Legal Issues

  1. 1 ['Whether the applicants were persons authorised by the native title claim group to make the native title determination application within s 61 of the Native Title Act 1993.' 'Whether the application should be struck out under s 84C of the Native Title Act 1993 for non-compliance with s 61.' 'Whether authorisation was established in accordance with the traditional decision-making process referred to in s 251B(a) of the Native Title Act 1993.' 'Whether the applicant could amend the claim to add additional applicants.']

Ratio Decidendi

Because the unchallenged affidavit evidence established that Wiradjuri traditional laws and customs required land issues to be decided through discussion by Elders and heads of families, that Ms Grant participated in such discussions, and that the outcome was authority for her to lodge the claim in response to the s 29 notice, Ms Grant was authorised under s 251B(a) and s 61 was satisfied. Section 62A also empowered the applicant to deal with matters arising under the Act, including amendment to add other applicants. The strike out motion therefore failed.

Court Disposition

The notice of motion was dismissed and costs were reserved.

Orders

  • ['The notice of motion filed on 2 August 2002 be dismissed.' 'The costs of the motion be reserved.']