State of Western Australia v Strickland [2000] FCA 652

State of Western Australia v Strickland [2000] FCA 652

Although the primary Judge erred in treating 30 September 1998 as the critical date for s 190C(3)(b), the correct construction did not justify disturbing the orders because, on a s 190D review, the Court could consider the later order setting aside registration of the Wongatha claim; once that event was taken into account, the Registrar's refusal of the Maduwongga claim could not stand. The Registrar did not err in being satisfied that the application met the authorisation, description of rights and factual basis requirements of the Native Title Act 1993 (Cth).

Jurisdiction
Australia
Judgment Date
18 May 2000
Procedural Posture
Appeal Concerning Judicial Review Under S 190 D of the Native Title Act 1993 (cth) of a Native Title Registrar Decision Not to Accept a Native Title Claim for Registration / Appeal From a Judge of the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['registration of Native Title Claims' 'previous Overlapping Claim Groups' 'transitional Provisions After the Native Title Amendment Act 1998 (cth)' 'authorisation of Native Title Claimants' 'description of Claimed Native Title Rights and Interests' 'factual Basis for Claimed Native Title' 'scope of Review Under S 190 D of the Native Title Act 1993 (cth)']
['native Title' 'administrative Law' 'statutory Interpretation'] ['registration of Native Title Claims' 'previous Overlapping Claim Groups' 'transitional Provisions After the Native Title Amendment Act 1998 (cth)' 'authorisation of Native Title Claimants' 'description of Claimed Native Title Rights and Interests' 'factual Basis for Claimed Native Title' 'scope of Review Under S 190 D of the Native Title Act 1993 (cth)']

Case Brief

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Procedural Posture

Appeal Concerning Judicial Review Under S 190 D of the Native Title Act 1993 (cth) of a Native Title Registrar Decision Not to Accept a Native Title Claim for Registration / Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['What the phrase "when the current application was made" in s 190C(3)(b) of the Native Title Act 1993 (Cth) means for pre-amendment and combined native title applications.' 'When the "consideration of the previous application under s 190A" referred to in s 190C(3)(c) must take place.' "Whether, despite error in the primary Judge's construction of s 190C(3), the orders setting aside the Registrar's decision should stand in light of the later setting aside of the Wongatha registration decision." 'Whether the Maduwongga application sufficiently set out grounds for authorisation under ss 190C(4), 190C(5) and 251B of the Native Title Act 1993 (Cth).' 'Whether the application sufficiently described the claimed native title rights and interests for ss 62(2)(d) and 190B(4) of the Native Title Act 1993 (Cth).' 'Whether the Registrar could be satisfied of the factual basis for the claimed native title under ss 62(2)(e) and 190B(5) of the Native Title Act 1993 (Cth).']

Ratio Decidendi

Although the primary Judge erred in treating 30 September 1998 as the critical date for s 190C(3)(b), the correct construction did not justify disturbing the orders because, on a s 190D review, the Court could consider the later order setting aside registration of the Wongatha claim; once that event was taken into account, the Registrar's refusal of the Maduwongga claim could not stand. The Registrar did not err in being satisfied that the application met the authorisation, description of rights and factual basis requirements of the Native Title Act 1993 (Cth).

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' 'The appellant, State of Western Australia, pay the costs of the appeal of the first respondents, Margaret May Strickland and Anne Joyce Nudding.']