Smith v Marapikurrinya Pty Ltd [2011] FCA 330

Smith v Marapikurrinya Pty Ltd [2011] FCA 330

The Court was not prepared at that stage to make the proposed consent declaration and dismissal orders because the proceeding, in its true effect, may involve matters, in whole or part, arising under the Native Title Act 1993 (Cth) in relation to the Kariyarra Native Title determination application, raising unresolved concerns about the applicants' standing.

Jurisdiction
Australia
Judgment Date
06 April 2011
Procedural Posture
Proceeding Seeking Injunctive Relief Under the Trade Practices Act 1974 (cth) in Connection With Native Title Related Representations / After Transfer From the Federal Magistrates Court; Court Considering Proposed Consent Orders and Standing, and Making Directions
Outcome
Proposed consent orders not made at present; directions made for service on the solicitors for the applicant in the Kariyarra Peoples Native Title Claim, written submissions, and further directions.
Legal Topics
['standing in Native Title Related Proceedings' 'native Title Claimant Application' 'misleading or Deceptive Conduct' 'consent Orders and Declarations' 'summary Dismissal' 'heritage Surveys and Cultural Impact Assessments']
['native Title' 'trade Practices' 'federal Civil Procedure'] ['standing in Native Title Related Proceedings' 'native Title Claimant Application' 'misleading or Deceptive Conduct' 'consent Orders and Declarations' 'summary Dismissal' 'heritage Surveys and Cultural Impact Assessments']

Case Brief

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Procedural Posture

Proceeding Seeking Injunctive Relief Under the Trade Practices Act 1974 (cth) in Connection With Native Title Related Representations / After Transfer From the Federal Magistrates Court; Court Considering Proposed Consent Orders and Standing, and Making Directions

Legal Issues

  1. 1 ['Whether the applicants had standing to bring the proceeding where it may involve matters arising under the Native Title Act 1993 (Cth) in relation to the Kariyarra Native Title determination application.' 'Whether Roe v Kimberley Land Council Aboriginal Corporation [2010] FCA 809 applied to prevent persons who were not members of the applicant in the Kariyarra Native Title claim from seeking the proposed relief.' 'Whether the Court should make the proposed consent declaration and orders dismissing the action.']

Ratio Decidendi

The Court was not prepared at that stage to make the proposed consent declaration and dismissal orders because the proceeding, in its true effect, may involve matters, in whole or part, arising under the Native Title Act 1993 (Cth) in relation to the Kariyarra Native Title determination application, raising unresolved concerns about the applicants' standing.

Court Disposition

Proposed consent orders not made at present; directions made for service on the solicitors for the applicant in the Kariyarra Peoples Native Title Claim, written submissions, and further directions.

Orders

  • ['The Registrar of the Court deliver copies of the papers filed in this proceeding together with a copy of these reasons to the solicitors for the applicant in the Kariyarra Peoples Native Title Claim WAD 6169 of 1998: Teddy Roberts v State of Western Australia by 12 April 2011.' 'The solicitors for the applicant in...