Thomas v State of Western Australia [2011] FCA 346

Thomas v State of Western Australia [2011] FCA 346

There is a genuine advancement and positive plan and strategy, with a real chance the application could be amended to pass the registration test. Accordingly, the discretionary power to dismiss under s 190F(6) is not exercised and the application will not be dismissed.

Parties
Applicant: Phyllis Thomas & Ors; Respondents: State of Western Australia & Ors; Respondent: Various Mining/WAFIC; Respondent: Various Local Government Interests
Jurisdiction
Australia
Judgment Date
12 April 2011
Procedural Posture
Native Title / Motion to Dismiss Application Under S 190 F(6) of Native Title Act 1993 (cth)
Outcome
Application not dismissed
Legal Topics
Registration Test, Dismissal Power, Court's Discretionary Power, Application Amendment
Native Title Registration Test Dismissal Power Court's Discretionary Power Application Amendment

Case Brief

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Parties

Phyllis Thomas & Ors

Applicant

State of Western Australia & Ors

Respondents

Various Mining/WAFIC

Respondent

Various Local Government Interests

Respondent

Procedural Posture

Native Title / Motion to Dismiss Application Under S 190 F(6) of Native Title Act 1993 (cth)

Legal Issues

  1. 1 Whether the application for native title should be dismissed pursuant to s 190F(6) of the Native Title Act 1993 (Cth)

Ratio Decidendi

There is a genuine advancement and positive plan and strategy, with a real chance the application could be amended to pass the registration test. Accordingly, the discretionary power to dismiss under s 190F(6) is not exercised and the application will not be dismissed.

Court Disposition

Application not dismissed

Orders

  • The application will not be dismissed.