Briggs, on behalf of the Gumbangirri People v Minister for Lands for the State of NSW [2004] FCA 1056

Briggs, on behalf of the Gumbangirri People v Minister for Lands for the State of NSW [2004] FCA 1056

The application was struck out because the amended application described the claim group by reference to the membership of an incorporated association, whose rules introduce eligibility and exclusion criteria unrelated to native title, resulting in a group not coextensive with those who may hold native title in accordance with traditional law and custom; thus, the statutory requirements for identification of the native title claim group under s 61 of the Native Title Act (as amended) were not met.

Jurisdiction
Australia
Judgment Date
18 August 2004
Procedural Posture
Native Title Determination Application / Application to Strike Out at Pre Trial Stage
Outcome
Application for determination of native title struck out.
Legal Topics
['native Title Act Compliance' 'strike Out Applications' 'constitution of Claim Group' 'authorisation of Native Title Claims']
['native Title' 'administrative Law'] ['native Title Act Compliance' 'strike Out Applications' 'constitution of Claim Group' 'authorisation of Native Title Claims']

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 / Application to Strike Out at Pre Trial Stage

Legal Issues

  1. 1 ['Whether the amended native title application complies with s 61 of the Native Title Act 1993 (Cth) as amended by the Native Title Amendment Act 1998 (Cth)' 'Whether the Court should strike out a native title claim group defined by membership of an incorporated association' 'Whether NSWNTS had standing to bring the strike out application']

Ratio Decidendi

The application was struck out because the amended application described the claim group by reference to the membership of an incorporated association, whose rules introduce eligibility and exclusion criteria unrelated to native title, resulting in a group not coextensive with those who may hold native title in accordance with traditional law and custom; thus, the statutory requirements for identification of the native title claim group under s 61 of the Native Title Act (as amended) were not met.

Court Disposition

Application for determination of native title struck out.

Orders

  • ['The application for determination of native title be struck out.']