Hogan v State of Western Australia [2009] FCA 610

Hogan v State of Western Australia [2009] FCA 610

The application had failed the registration test, the applicants had not sought reconsideration or review, the application had not been amended since it was considered and rejected by the Delegate, there was no evidence or indication that it was likely to be amended in a way that would lead to a different conclusion by the Registrar, and there was no other reason why it should not be dismissed. The Court therefore dismissed the application under s 190F(6) of the Native Title Act 1993 (Cth).

Jurisdiction
Australia
Judgment Date
08 June 2009
Procedural Posture
Native Title Application / Dismissal Under S 190 F(6) of the Native Title Act 1993 (cth) After Failure of the Registration Test
Outcome
Application dismissed.
Legal Topics
['registration Test' "dismissal on the Court's Own Motion" 'amendment of Native Title Applications' 'reconsideration and Review of Registration Decisions']
['native Title' 'civil Procedure'] ['registration Test' "dismissal on the Court's Own Motion" 'amendment of Native Title Applications' 'reconsideration and Review of Registration Decisions']

Case Brief

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Procedural Posture

Native Title Application / Dismissal Under S 190 F(6) of the Native Title Act 1993 (cth) After Failure of the Registration Test

Legal Issues

  1. 1 ['Whether the application had not been amended since consideration by the Native Title Registrar and was not likely to be amended in a way that would lead to a different outcome once considered by the Registrar.' 'Whether avenues for reconsideration and review had been exhausted without registration of the claim.' 'Whether there was any other reason why the unregistered application should not be dismissed.']

Ratio Decidendi

The application had failed the registration test, the applicants had not sought reconsideration or review, the application had not been amended since it was considered and rejected by the Delegate, there was no evidence or indication that it was likely to be amended in a way that would lead to a different conclusion by the Registrar, and there was no other reason why it should not be dismissed. The Court therefore dismissed the application under s 190F(6) of the Native Title Act 1993 (Cth).

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']