Worimi v Minister for Lands for the State of New South Wales [2006] FCA 1770

Worimi v Minister for Lands for the State of New South Wales [2006] FCA 1770

The claimant application was struck out as the claim group did not include all persons who, under traditional laws and customs, hold native title rights; the applicant was not authorised by all relevant persons under s 61(1) and s 251B of the Native Title Act 1993 (Cth).

Parties
Applicant: Worimi (Gary Andrew) Dates; First Respondent: Minister for Lands for the State of New South Wales as the State Minister under the Native Title Act 1993 (Cth); Second Respondent: Peter Hillig in his capacity as Administrator of the Worimi Local Aboriginal Land Council
Jurisdiction
Australia
Judgment Date
19 December 2006
Procedural Posture
Claimant Application (native Title) / Strike Out Application / Reasons for Judgment
Outcome
Application struck out; proceedings dismissed
Legal Topics
Claim Group Composition, Authorisation Under Native Title Act, Summary Dismissal, Strike Out Procedure
Native Title Claim Group Composition Authorisation Under Native Title Act Summary Dismissal Strike Out Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Worimi (Gary Andrew) Dates

Applicant

Minister for Lands for the State of New South Wales as the State Minister under the Native Title Act 1993 (Cth)

First Respondent

Peter Hillig in his capacity as Administrator of the Worimi Local Aboriginal Land Council

Second Respondent

Procedural Posture

Claimant Application (native Title) / Strike Out Application / Reasons for Judgment

Legal Issues

  1. 1 Whether the claim group comprises all persons with native title rights as required by s 61(1) of the Native Title Act 1993 (Cth)
  2. 2 Whether the applicant is authorised by the claim group per s 61 and s 251B of the Native Title Act 1993 (Cth)
  3. 3 Whether the application can proceed given inconsistencies and lack of authorisation

Ratio Decidendi

The claimant application was struck out as the claim group did not include all persons who, under traditional laws and customs, hold native title rights; the applicant was not authorised by all relevant persons under s 61(1) and s 251B of the Native Title Act 1993 (Cth).

Court Disposition

Application struck out; proceedings dismissed

Orders

  • The application is struck out pursuant to s 84C of the Native Title Act 1993 (Cth).
  • The proceedings are dismissed pursuant to O 20 r 2 of the Federal Court Rules.