Prior v South West Aboriginal Land and Sea Council Aboriginal Corporation [2020] FCA 808

Prior v South West Aboriginal Land and Sea Council Aboriginal Corporation [2020] FCA 808

None of the grounds advanced by the applicant disclosed a triable issue or reasonable cause of action. The claims were either wholly unsupported in law (particularly as to sovereignty), repetitious of matters previously decided upon in McGlade, lacking in content or particulars, or simply incapable of supporting judicial review relief. The required procedural fairness mechanisms were followed, and the applicant either failed to invoke relevant statutory processes or advanced issues not legally cognisable. The application was therefore summarily dismissed with costs.

Jurisdiction
Australia
Judgment Date
10 June 2020
Procedural Posture
Judicial Review Application / Summary Dismissal/interlocutory Application
Outcome
Application summarily dismissed with costs
Legal Topics
['judicial Review of Administrative Decisions' 'procedural Fairness' 'summary Dismissal' 'indigenous Land Use Agreements' 'questions of Sovereignty' 'certification and Authorisation Under Native Title Act']
['administrative Law' 'native Title'] ['judicial Review of Administrative Decisions' 'procedural Fairness' 'summary Dismissal' 'indigenous Land Use Agreements' 'questions of Sovereignty' 'certification and Authorisation Under Native Title Act']

Case Brief

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Procedural Posture

Judicial Review Application / Summary Dismissal/interlocutory Application

Legal Issues

  1. 1 ['Whether the applicant was denied procedural fairness in the registration of six Indigenous Land Use Agreements (ILUAs) by the Registrar of the National Native Title Tribunal' 'Whether the grounds advanced by the applicant are capable of giving rise to relief under the Administrative Decisions (Judicial Review) Act 1977 (Cth)' 'Whether the claim disclosed a reasonable cause of action or enjoyed reasonable prospects of success' 'Whether the proceedings were frivolous, vexatious or an abuse of process, particularly in light of settled law on sovereignty and previous litigation (McGlade)']

Ratio Decidendi

None of the grounds advanced by the applicant disclosed a triable issue or reasonable cause of action. The claims were either wholly unsupported in law (particularly as to sovereignty), repetitious of matters previously decided upon in McGlade, lacking in content or particulars, or simply incapable of supporting judicial review relief. The required procedural fairness mechanisms were followed, and the applicant either failed to invoke relevant statutory processes or advanced issues not legally cognisable. The application was therefore summarily dismissed with costs.

Court Disposition

Application summarily dismissed with costs

Orders

  • ["The applicant's application be summarily dismissed." 'The applicant pay the costs of each of the respondents, to be assessed if not agreed.']