Doolan v Native Title Registrar [2007] FCA 192

Doolan v Native Title Registrar [2007] FCA 192

The phrase 'the applicant' in s 61(2) Native Title Act 1993 (Cth) is to be understood as referring to the group of persons authorised by the claim group, or so many of them as are willing and able to act at the time of filing; the withdrawal of one or more persons prior to filing does not require a further authorisation meeting. The Registrar erred in refusing registration because this group was properly authorised within the meaning of the Act.

Parties
Applicant: Kate Doolan; Applicant: Shaun Doolan; Applicant: Edward Doolan; Applicant: Donald Blackman; Applicant: Barry Blackman (Jnr); Applicant: Peter Martin; Applicant: Jan Williams; Applicant: Annette Broome; Applicant: Davina Munro; Applicant: Les Muckan; Applicant: Beverley Shooter; Applicant: Mackenzie Muckan; Applicant: Cepha Roma; Applicant: Ruth Roma; Applicant: Lillian Burke as applicant on her own behalf and for and on behalf of the Butchulla Land and Sea Claim; Applicant: Gladys Sailor as applicant on her own behalf and for and on behalf of the Butchulla Land and Sea Claim; Respondent: Native Title Registrar; Respondent: State of Queensland; Intervener: Attorney-General of the Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
23 February 2007
Procedural Posture
Judicial Review Native Title Application / Post Decision Review of Registrar's Refusal to Register Application
Outcome
Decision of the Registrar set aside; application to be accepted for registration; applicant to bear its own costs.
Legal Topics
Authorisation of Applicant, Interpretation of Applicant in S 61(2) Native Title Act, Registration Test Under Ss 190 B, 190 C Native Title Act, Judicial Review of Administrative Decision
Native Title Administrative Law Authorisation of Applicant Interpretation of Applicant in S 61(2) Native Title Act Registration Test Under Ss 190 B, 190 C Native Title Act Judicial Review of Administrative Decision

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Parties

Kate Doolan

Applicant

Shaun Doolan

Applicant

Edward Doolan

Applicant

Donald Blackman

Applicant

Barry Blackman (Jnr)

Applicant

Peter Martin

Applicant

Jan Williams

Applicant

Annette Broome

Applicant

Davina Munro

Applicant

Les Muckan

Applicant

Beverley Shooter

Applicant

Mackenzie Muckan

Applicant

Cepha Roma

Applicant

Ruth Roma

Applicant

Lillian Burke as applicant on her own behalf and for and on behalf of the Butchulla Land and Sea Claim

Applicant

Gladys Sailor as applicant on her own behalf and for and on behalf of the Butchulla Land and Sea Claim

Applicant

Native Title Registrar

Respondent

State of Queensland

Respondent

Attorney-General of the Commonwealth of Australia

Intervener

Procedural Posture

Judicial Review Native Title Application / Post Decision Review of Registrar's Refusal to Register Application

Legal Issues

  1. 1 Whether the applicant for native title can comprise fewer persons than those originally authorised when some have withdrawn prior to filing
  2. 2 Proper interpretation of 'the applicant' in s 61(2) of the Native Title Act
  3. 3 Whether a further authorisation meeting is required when applicants withdraw before filing

Ratio Decidendi

The phrase 'the applicant' in s 61(2) Native Title Act 1993 (Cth) is to be understood as referring to the group of persons authorised by the claim group, or so many of them as are willing and able to act at the time of filing; the withdrawal of one or more persons prior to filing does not require a further authorisation meeting. The Registrar erred in refusing registration because this group was properly authorised within the meaning of the Act.

Court Disposition

Decision of the Registrar set aside; application to be accepted for registration; applicant to bear its own costs.

Orders

  • The decision of the Delegate of the Native Title Registrar made on 12 May 2006 is set aside.
  • The Native Title Registrar accept the claim for registration.