Hunter on behalf of the Wierdi People #2 of the Wribpid Nation v State of Queensland [2016] FCA 1604

Hunter on behalf of the Wierdi People #2 of the Wribpid Nation v State of Queensland [2016] FCA 1604

There was no evidence of proper authorization of the present application as required by the Native Title Act 1993 (Cth), and thus the application must be struck out. The proceedings also constitute an abuse of process, given their timing and effect on existing consent determinations.

Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Native Title Determination Application / Judgment and Orders Striking Out Application
Outcome
Application struck out. Applicants ordered to pay respondents' costs.
Legal Topics
['authorization of Native Title Applications' 'abuse of Process' 'striking Out Applications']
['native Title'] ['authorization of Native Title Applications' 'abuse of Process' 'striking Out Applications']

Case Brief

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Procedural Posture

Native Title Determination Application / Judgment and Orders Striking Out Application

Legal Issues

  1. 1 ['Whether the application was properly authorized by the claim group as required under the Native Title Act 1993 (Cth)' 'Whether the proceedings are an abuse of process']

Ratio Decidendi

There was no evidence of proper authorization of the present application as required by the Native Title Act 1993 (Cth), and thus the application must be struck out. The proceedings also constitute an abuse of process, given their timing and effect on existing consent determinations.

Court Disposition

Application struck out. Applicants ordered to pay respondents' costs.

Orders

  • ['Applicant have leave to file and read the affidavit of Mrs Vassa Hunter sworn 28 June 2016.' 'Les Budby be joined as a respondent.' 'Cecil Brown Jnr be joined as a respondent.' 'North Queensland Land Council Native Title Representative Body Aboriginal Corporation be joined as a respondent.' 'Application be struck...