Sambo v State of Western Australia (No 2) [2010] FCA 927

Sambo v State of Western Australia (No 2) [2010] FCA 927

The application was dismissed pursuant to s 190F(6) Native Title Act 1993 (Cth) because it had not been amended since last considered by the Registrar, there was no likelihood of amendment that would satisfy the registration test, there was persistent deadlock within the group, and no other reason justified allowing the application to remain on foot.

Jurisdiction
Australia
Judgment Date
26 August 2010
Procedural Posture
Native Title Determination Application / Motion to Dismiss Application Under S 190 F(6) Native Title Act 1993 (cth)
Outcome
Application dismissed
Legal Topics
['dismissal Under S 190 F(6) Native Title Act 1993 (cth)' 'registration Test' 'amendment of Native Title Claims' 'claim Group Authorisation' 'future Act Agreements']
['native Title'] ['dismissal Under S 190 F(6) Native Title Act 1993 (cth)' 'registration Test' 'amendment of Native Title Claims' 'claim Group Authorisation' 'future Act Agreements']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Native Title Determination Application / Motion to Dismiss Application Under S 190 F(6) Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the application should be dismissed pursuant to s 190F(6) of the Native Title Act 1993 (Cth)' 'Whether the application has been or is likely to be amended such that it would pass the registration test' 'Whether other reasons exist not to dismiss the application']

Ratio Decidendi

The application was dismissed pursuant to s 190F(6) Native Title Act 1993 (Cth) because it had not been amended since last considered by the Registrar, there was no likelihood of amendment that would satisfy the registration test, there was persistent deadlock within the group, and no other reason justified allowing the application to remain on foot.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']