Hazelbane v Northern Territory of Australia [2016] FCA 408

Hazelbane v Northern Territory of Australia [2016] FCA 408

Section 84C(1) of the Native Title Act 1993 (Cth) permits only a party to the proceedings to apply to strike out a non-compliant application. Mr Petherick was not a party to this application, and therefore lacked standing to seek strike out; his interlocutory application was struck out.

Jurisdiction
Australia
Judgment Date
10 May 2016
Procedural Posture
Native Title Determination Application / Interlocutory Application by Non Party for Summary Dismissal or Strike Out Heard on the Papers
Outcome
The interlocutory application of Thomas Petherick was struck out for lack of standing.
Legal Topics
['standing to Apply for Strike Out' 'summary Dismissal' 'native Title Determination Application' 'party Status Under S 84 C(1) of the Native Title Act 1993 (cth)']
['native Title' 'federal Civil Procedure'] ['standing to Apply for Strike Out' 'summary Dismissal' 'native Title Determination Application' 'party Status Under S 84 C(1) of the Native Title Act 1993 (cth)']

Case Brief

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Procedural Posture

Native Title Determination Application / Interlocutory Application by Non Party for Summary Dismissal or Strike Out Heard on the Papers

Legal Issues

  1. 1 ['Whether Thomas Petherick, who was not a party to the native title determination application, had standing under s 84C(1) of the Native Title Act 1993 (Cth) to apply to strike out the application.' 'Whether the interlocutory application for summary dismissal or strike out should be dismissed or struck out for lack of standing.']

Ratio Decidendi

Section 84C(1) of the Native Title Act 1993 (Cth) permits only a party to the proceedings to apply to strike out a non-compliant application. Mr Petherick was not a party to this application, and therefore lacked standing to seek strike out; his interlocutory application was struck out.

Court Disposition

The interlocutory application of Thomas Petherick was struck out for lack of standing.

Orders

  • ['The interlocutory application of Thomas Petherick for the summary dismissal of this application for the determination of native title rights and interests over the Town of Batchelor is struck out.']