Booth on behalf of the Kungardutyi Punthamara People v State of Queensland [2017] FCA 638

Booth on behalf of the Kungardutyi Punthamara People v State of Queensland [2017] FCA 638

The application should be struck out or summarily dismissed because it was not properly authorised by all persons who, according to traditional laws and customs, hold the native title rights and interests; the notice for authorisation was deficient; the application involves an abuse of process by seeking to relitigate matters previously determined in prior proceedings; and the applicants have no reasonable prospects of success.

Jurisdiction
Australia
Judgment Date
09 June 2017
Procedural Posture
Native Title Determination Application / Strike Out/summary Dismissal
Outcome
Application struck out and/or summarily dismissed
Legal Topics
['authorisation of Native Title Claim Group' 'abuse of Process' 'summary Dismissal' 'overlapping Native Title Claims' 'notice and Identification of Claim Group']
['native Title'] ['authorisation of Native Title Claim Group' 'abuse of Process' 'summary Dismissal' 'overlapping Native Title Claims' 'notice and Identification of Claim Group']

Case Brief

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Procedural Posture

Native Title Determination Application / Strike Out/summary Dismissal

Legal Issues

  1. 1 ['Whether the native title determination application was properly authorised by all persons in the claim group as required by s 61 of the Native Title Act 1993 (Cth)' 'Whether the application constitutes an abuse of process' 'Whether the applicants have no reasonable prospects of success']

Ratio Decidendi

The application should be struck out or summarily dismissed because it was not properly authorised by all persons who, according to traditional laws and customs, hold the native title rights and interests; the notice for authorisation was deficient; the application involves an abuse of process by seeking to relitigate matters previously determined in prior proceedings; and the applicants have no reasonable prospects of success.

Court Disposition

Application struck out and/or summarily dismissed

Orders

  • ['QSNTS and Clancy John McKellar and others joined as respondents under s 84(5) Native Title Act 1993 (Cth)' 'Native title determination application struck out under s 84C(1) Native Title Act 1993 (Cth)' 'Alternatively, application summarily dismissed as abuse of process' 'Alternatively, application summarily...