Smirke on behalf of the Jurruru People v State of Western Australia [2018] FCA 101

Smirke on behalf of the Jurruru People v State of Western Australia [2018] FCA 101

In the circumstances of the overlapping claims, it was appropriate to require the Jurruru applicants to amend the Jurruru #1 and Jurruru #2 applications by 31 August 2018 so that the claim group descriptions were consistent with the Jurruru People consent determination. However, the Court was not minded to make the proposed orders automatically striking out the claims for non-compliance, because the history of the claims, continuing case management and statements from senior counsel indicated that the claim group descriptions would be amended.

Jurisdiction
Australia
Judgment Date
15 February 2018
Procedural Posture
Native Title Determination Applications / Determined on the Papers; Application for Orders Pursuant to S 84 C of the Native Title Act 1993 (cth) Concerning Amendment or Strike Out
Outcome
Orders made requiring amendment of both Jurruru applications by 31 August 2018; proposed strike-out orders not made.
Legal Topics
['authorisation of Native Title Claim Group' 'strike Out Under S 84 C of the Native Title Act 1993 (cth)' 'amendment of Native Title Determination Applications' 'overlap Between Native Title Claims']
['native Title'] ['authorisation of Native Title Claim Group' 'strike Out Under S 84 C of the Native Title Act 1993 (cth)' 'amendment of Native Title Determination Applications' 'overlap Between Native Title Claims']

Case Brief

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Procedural Posture

Native Title Determination Applications / Determined on the Papers; Application for Orders Pursuant to S 84 C of the Native Title Act 1993 (cth) Concerning Amendment or Strike Out

Legal Issues

  1. 1 ['Whether the Jurruru #1 native title application and Jurruru #2 native title application complied with the s 61 authorisation requirements of the Native Title Act 1993 (Cth).' 'Whether the Jurruru applications should be struck out under s 84C if not amended.' 'Whether the Jurruru applicants should be given a finite period of time to amend the claim group descriptions consistently with the Jurruru People determination.']

Ratio Decidendi

In the circumstances of the overlapping claims, it was appropriate to require the Jurruru applicants to amend the Jurruru #1 and Jurruru #2 applications by 31 August 2018 so that the claim group descriptions were consistent with the Jurruru People consent determination. However, the Court was not minded to make the proposed orders automatically striking out the claims for non-compliance, because the history of the claims, continuing case management and statements from senior counsel indicated that the claim group descriptions would be amended.

Court Disposition

Orders made requiring amendment of both Jurruru applications by 31 August 2018; proposed strike-out orders not made.

Orders

  • ['Pursuant to s 84C of the Native Title Act 1993 (Cth), by 31 August 2018, the applicant in native title determination application WAD6007/2000 is to file and serve a properly authorised interlocutory application to amend the Jurruru #1 application in a manner consistent with the description of the common law...