Kanak, Dominic Wy v National Native Title Tribunal & Ors [1995] FCA 859

Kanak, Dominic Wy v National Native Title Tribunal & Ors [1995] FCA 859

The applicant could not establish a prima facie claim as required by s.63 of the Native Title Act 1993 (Cth) because he was not a member by descent or adoption of a group entitled to native title for the claimed land and did not satisfy the statutory or common law criteria for native title claimants; thus, the President was right to direct the Registrar not to accept the application.

Jurisdiction
Australia
Judgment Date
27 October 1995
Procedural Posture
Appeal / Final Judgment Appeal From National Native Title Tribunal to Federal Court
Outcome
Appeal dismissed; tribunal's decision affirmed.
Legal Topics
['native Title Application Procedure' 'compliance With Native Title Act 1993 (cth)' 'prima Facie Claim Requirements' 'procedural Rights of Native Title Claimants']
['native Title' 'administrative Law'] ['native Title Application Procedure' 'compliance With Native Title Act 1993 (cth)' 'prima Facie Claim Requirements' 'procedural Rights of Native Title Claimants']

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Procedural Posture

Appeal / Final Judgment Appeal From National Native Title Tribunal to Federal Court

Legal Issues

  1. 1 ['Effect of non-compliance with s.62 of the Native Title Act 1993 (Cth) on application acceptance' 'Requirements for establishing a prima facie claim under the Native Title Act 1993 (Cth)' 'Entitlement to file application and necessary connection to native title rights']

Ratio Decidendi

The applicant could not establish a prima facie claim as required by s.63 of the Native Title Act 1993 (Cth) because he was not a member by descent or adoption of a group entitled to native title for the claimed land and did not satisfy the statutory or common law criteria for native title claimants; thus, the President was right to direct the Registrar not to accept the application.

Court Disposition

Appeal dismissed; tribunal's decision affirmed.

Orders

  • ['The Court affirms the decision of the Honourable Justice French, President of the National Native Title Tribunal, given on 23 March 1995.' 'Orders that the application be dismissed.' 'Makes no order as to costs.']