Strickland v Native Title Registrar [2000] FCA 10

Strickland v Native Title Registrar [2000] FCA 10

The Registrar's refusal to accept the combined amended claim for registration having been set aside, the proper consequential implementation was not to direct a backdated registration of the amended claim, but to require deletion of any entry made at or about 8 June 1999 purporting to remove details of the pre-combination claims. The Court was not authorised to direct a retrospectively backdated Register entry for the amended claim, but the setting aside of the decision reinstated the previously existing entries relating to the pre-combination applications. Given the balance of outcomes on joinder, the arguments about s 190C, and s 85A of the Native Title Act, there should be no order as...

Jurisdiction
Australia
Judgment Date
11 January 2000
Procedural Posture
Application for Review of Decision Refusing Registration of a Native Title Claim / Reasons for Judgment on Ancillary Orders and Costs After Orders Made on 4 November 1999 Setting Aside the Registrar's Decision
Outcome
Ancillary order made directing amendment of the Register of Native Title Claims; no order as to costs.
Legal Topics
['registration of Native Title Claims' 'register of Native Title Claims' 'review of Native Title Registrar Decision' 'ancillary Orders' 'costs']
['native Title' 'administrative Law'] ['registration of Native Title Claims' 'register of Native Title Claims' 'review of Native Title Registrar Decision' 'ancillary Orders' 'costs']

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Procedural Posture

Application for Review of Decision Refusing Registration of a Native Title Claim / Reasons for Judgment on Ancillary Orders and Costs After Orders Made on 4 November 1999 Setting Aside the Registrar's Decision

Legal Issues

  1. 1 ["Whether the removal from the Register of Native Title Claims of entries relating to pre-combination applications should be declared void or corrected following the setting aside of the Registrar's decision." 'Whether the Court could direct the Native Title Registrar to accept or enter the combined amended claim on the Register with retrospective effect.' 'Whether there should be any order as to costs, including costs relating to joinder of the State of Western Australia.']

Ratio Decidendi

The Registrar's refusal to accept the combined amended claim for registration having been set aside, the proper consequential implementation was not to direct a backdated registration of the amended claim, but to require deletion of any entry made at or about 8 June 1999 purporting to remove details of the pre-combination claims. The Court was not authorised to direct a retrospectively backdated Register entry for the amended claim, but the setting aside of the decision reinstated the previously existing entries relating to the pre-combination applications. Given the balance of outcomes on joinder, the arguments about s 190C, and s 85A of the Native Title Act, there should be no order as...

Court Disposition

Ancillary order made directing amendment of the Register of Native Title Claims; no order as to costs.

Orders

  • ["The First Respondent is directed to amend the Register of Native Title Claims to reflect paragraph 1 of the order made on 4 November 1999 by deleting therefrom any purported removal of entries relating to the three pre-combination applications made pursuant to the decision of the Registrar's delegate on 8 June...