Hunter on behalf of the Wiri People No 2 v State of Queensland [2009] FCA 325

Hunter on behalf of the Wiri People No 2 v State of Queensland [2009] FCA 325

The application had failed the registration test, had not been amended, the Applicants' non-appearance indicated no likelihood of an amendment leading to a different registration outcome, and there was no reason to retain the application; additionally, multiple defaults of appearance provided a separate basis for dismissal.

Jurisdiction
Australia
Judgment Date
27 March 2009
Procedural Posture
Native Title Application / Notice on the Court's Own Motion to Show Cause Why the Application Should Not Be Dismissed Pursuant to S 190 F(6) of the Native Title Act 1993 (cth)
Outcome
Application dismissed.
Legal Topics
['registration Test' 'dismissal Under S 190 F(6)' 'authorisation' 'default of Appearance']
['native Title' 'civil Procedure'] ['registration Test' 'dismissal Under S 190 F(6)' 'authorisation' 'default of Appearance']

Case Brief

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Procedural Posture

Native Title Application / Notice on the Court's Own Motion to Show Cause Why the Application Should Not Be Dismissed Pursuant to 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) after failing the registration test.' 'Whether the application had been amended, or was likely to be amended, in a way that would lead to a different registration outcome.' 'Whether there was any other reason why the application should not be dismissed.' 'Whether multiple defaults of appearance provided an additional basis for dismissal.']

Ratio Decidendi

The application had failed the registration test, had not been amended, the Applicants' non-appearance indicated no likelihood of an amendment leading to a different registration outcome, and there was no reason to retain the application; additionally, multiple defaults of appearance provided a separate basis for dismissal.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']