Banks v State of Western Australia [2009] FCA 703

Banks v State of Western Australia [2009] FCA 703

As the application had twice failed the registration test, with no amendment or prospects of amendment, and no other reasons were identified for not dismissing, the Court exercised its discretion to dismiss the application pursuant to s 190F(6) of the Native Title Act 1993 (Cth).

Jurisdiction
Australia
Judgment Date
15 June 2009
Procedural Posture
Native Title Application / Application for Dismissal Under S 190 F(6) of the Native Title Act 1993 (cth)
Outcome
Application dismissed.
Legal Topics
['registration Test' "court's Discretionary Power to Dismiss" 'procedural Dismissal Under Native Title Act']
['native Title'] ['registration Test' "court's Discretionary Power to Dismiss" 'procedural Dismissal Under Native Title Act']

Case Brief

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Procedural Posture

Native Title Application / Application for Dismissal Under S 190 F(6) of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the application should be dismissed pursuant to s 190F(6) of the Native Title Act 1993 (Cth)' 'Whether the application has been amended or is likely to be amended in a way that would result in a different outcome' 'Whether there is any other reason not to dismiss the application']

Ratio Decidendi

As the application had twice failed the registration test, with no amendment or prospects of amendment, and no other reasons were identified for not dismissing, the Court exercised its discretion to dismiss the application pursuant to s 190F(6) of the Native Title Act 1993 (Cth).

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']