Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia [2020] FCAFC 64

Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia [2020] FCAFC 64

The valid invocation of the jurisdiction of the National Native Title Tribunal under s 32(3) of the Native Title Act 1993 (Cth) requires that an objection application be made by a native title party, correctly identified as such at the time of lodgment. Where an application is lodged by an entity without standing—despite the subjective intention or instructions of the correct entity or its representative—the Tribunal lacks jurisdiction to deal with the application, and this defect cannot be cured by reference to the principle of substantial compliance with forms (s 25C Acts Interpretation Act), by arguments about technicalities, nor by the Tribunal's flexible and informal procedures under...

Parties
First Applicant: Yanunijarra Aboriginal Corporation RNTBC; Second Applicant: Josephine Forrest, Benjamin Laurel, Malcom Moora, Harry Yungabun, Peter Clancy, Bernadette Williams, Mervyn Numbagardie, Elsie Dickens, Dunba Nunju, Claude Forrest, Sammy Costain on behalf of the Yi‑Martuwarra Ngurrara Native Title Claimants (WC2012/002); First Respondent: State of Western Australia; Second Respondent: GE Resources Pty Ltd
Jurisdiction
Australia
Judgment Date
14 April 2020
Procedural Posture
Appeal / Decision on Appeal From a National Native Title Tribunal Determination
Outcome
Appeal dismissed
Legal Topics
Jurisdiction of National Native Title Tribunal, Standing to Object Under Native Title Act, Substantial Compliance With Prescribed Forms, Procedural Requirements in Native Title Objections
Native Title Administrative Law Jurisdiction of National Native Title Tribunal Standing to Object Under Native Title Act Substantial Compliance With Prescribed Forms Procedural Requirements in Native Title Objections

Case Brief

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Parties

Yanunijarra Aboriginal Corporation RNTBC

First Applicant

Josephine Forrest, Benjamin Laurel, Malcom Moora, Harry Yungabun, Peter Clancy, Bernadette Williams, Mervyn Numbagardie, Elsie Dickens, Dunba Nunju, Claude Forrest, Sammy Costain on behalf of the Yi‑Martuwarra Ngurrara Native Title Claimants (WC2012/002)

Second Applicant

State of Western Australia

First Respondent

GE Resources Pty Ltd

Second Respondent

Procedural Posture

Appeal / Decision on Appeal From a National Native Title Tribunal Determination

Legal Issues

  1. 1 Whether misdescription of the objector as the former registered native title claimants rather than the registered native title body corporate deprived the Tribunal of jurisdiction
  2. 2 Whether such misdescription is a technicality or error in a legal form within s 109(3) Native Title Act 1993 (Cth)
  3. 3 Whether the Tribunal's acceptance of the application under s 77 of the Native Title Act enlivened its jurisdiction

Ratio Decidendi

The valid invocation of the jurisdiction of the National Native Title Tribunal under s 32(3) of the Native Title Act 1993 (Cth) requires that an objection application be made by a native title party, correctly identified as such at the time of lodgment. Where an application is lodged by an entity without standing—despite the subjective intention or instructions of the correct entity or its representative—the Tribunal lacks jurisdiction to deal with the application, and this defect cannot be cured by reference to the principle of substantial compliance with forms (s 25C Acts Interpretation Act), by arguments about technicalities, nor by the Tribunal's flexible and informal procedures under...

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.