Corunna v South West Aboriginal Land and Sea Council [2015] FCA 491

Corunna v South West Aboriginal Land and Sea Council [2015] FCA 491

The applicant, as a member of an unregistered native title claim group not registered on the Register of Native Title Claims, is not a mandatory party to the proposed area agreement ILUAs under s 24CD of the Native Title Act 1993 (Cth) and is not entitled to participate in a separate authorisation process. The proper statutory mechanism for objection to the registration of the ILUAs is via notice and objection under s 24CI when the application for registration is made. The proceeding is premature and has no reasonable prospect of success.

Parties
Applicant: Albert Corunna; First Respondent: South West Aboriginal Land and Sea Council; Second Respondent: State of Western Australia
Jurisdiction
Australia
Judgment Date
20 May 2015
Procedural Posture
Civil / Summary Judgment Application
Outcome
Application dismissed (summary judgment for respondents)
Legal Topics
Indigenous Land Use Agreements, ILUA Authorisation and Registration, Standing to Bring Proceedings, Summary Dismissal Under S 31 a Federal Court of Australia Act
Native Title Practice and Procedure Indigenous Land Use Agreements ILUA Authorisation and Registration Standing to Bring Proceedings Summary Dismissal Under S 31 a Federal Court of Australia Act

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Albert Corunna

Applicant

South West Aboriginal Land and Sea Council

First Respondent

State of Western Australia

Second Respondent

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether an unregistered native title claimant (or claim group member) is entitled to participate in a separate authorisation process for proposed Indigenous Land Use Agreements (ILUAs) under the Native Title Act 1993 (Cth)
  2. 2 Whether the applicant is required to be a party to or separately authorise the proposed area agreements
  3. 3 Whether the proceeding should be summarily dismissed for having no reasonable prospect of success

Ratio Decidendi

The applicant, as a member of an unregistered native title claim group not registered on the Register of Native Title Claims, is not a mandatory party to the proposed area agreement ILUAs under s 24CD of the Native Title Act 1993 (Cth) and is not entitled to participate in a separate authorisation process. The proper statutory mechanism for objection to the registration of the ILUAs is via notice and objection under s 24CI when the application for registration is made. The proceeding is premature and has no reasonable prospect of success.

Court Disposition

Application dismissed (summary judgment for respondents)

Orders

  • Judgment for the first and second respondents against the applicant: applicant has no reasonable prospect of successfully prosecuting the proceeding.
  • Applicant's originating application filed 29 January 2015 dismissed.