Ford v NSW Minister for Land & Water Conservation [2000] FCA 1913

Ford v NSW Minister for Land & Water Conservation [2000] FCA 1913

The application was struck out because it did not comply with the old Act's application requirements. The identification of the other claimants merely as "The Elouera People" was inadequate, and the later affidavit material did not cure the defect, including because references such as "all future members of the body corporate" remained inadequate. The application also failed to identify the native title rights and interests claimed; the references to meeting, fishing and maintaining a spiritual connection did not amount to a claim of specific native title rights or interests over any particular part or the whole of the claimed area. No proposed amended application was before the Court,...

Jurisdiction
Australia
Judgment Date
19 December 2000
Procedural Posture
Native Title Determination Application / Second Respondent's Notice of Motion Seeking Dismissal, Treated as an Application to Strike Out Under S 84 C of the Native Title Act 1993 (cth)
Outcome
The application was struck out under s 84C of the Native Title Act 1993 (Cth), with no order as to costs.
Legal Topics
['strike Out of Native Title Application' 'compliance With Application Requirements' 'identification of Native Title Claim Group' 'identification of Native Title Rights and Interests' 'leave to Amend']
['native Title' 'federal Court Procedure'] ['strike Out of Native Title Application' 'compliance With Application Requirements' 'identification of Native Title Claim Group' 'identification of Native Title Rights and Interests' 'leave to Amend']

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 / Second Respondent's Notice of Motion Seeking Dismissal, Treated as an Application to Strike Out Under S 84 C of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the native title determination application should be struck out under s 84C of the Native Title Act 1993 (Cth) for non-compliance with s 61 of the old Act.' 'Whether identifying the other claimants as "The Elouera people" adequately described or identified the persons on whose behalf the claim was made.' 'Whether the application adequately identified the native title rights and interests claimed.' 'Whether the applicant should be given an opportunity to amend the application.']

Ratio Decidendi

The application was struck out because it did not comply with the old Act's application requirements. The identification of the other claimants merely as "The Elouera People" was inadequate, and the later affidavit material did not cure the defect, including because references such as "all future members of the body corporate" remained inadequate. The application also failed to identify the native title rights and interests claimed; the references to meeting, fishing and maintaining a spiritual connection did not amount to a claim of specific native title rights or interests over any particular part or the whole of the claimed area. No proposed amended application was before the Court,...

Court Disposition

The application was struck out under s 84C of the Native Title Act 1993 (Cth), with no order as to costs.

Orders

  • ['The application be struck out under s 84C of the Native Title Act 1993 (Cth).' 'There will be no order as to costs.']