Allsop CJ, McKerracher and Mortimer J
This matter concerned 10 applications for judicial review of six decisions of a Registrar of the National Native Title Tribunal to register six indigenous land use agreements.
The applicants are in two groups. In the first group, Ms Mingli Wanjurri McGlade has been treated as the lead application. In the second group, Ms Marianne Mackay has been treated as the lead application (together, the Applicants).
The respondents are the South West Land & Sea Council Aboriginal Corporation (SWALSC), State of Western Australia, Commonwealth of Australia, Native Title Registrar and various individuals who are parties to the Wagyl Kaip & Southern Noongar Indigenous Land Use Agreement.
Background
The Full Court noted that the proceedings are complex and part heard. The Applicants had been permitted to amend their applications following the Full Court’s decision in Northern Land Council v Quall [2019] FCAFC 77 and orders for the filing of evidence and submissions were made.
The Applicants objected to parts of 2 affidavits filed by SWALSC as evidence in response to the Quall ground. Some objections were successful. Others were dismissed.
Orders
The Court made orders reflecting the ruling including striking out or amending certain paragraphs of the affidavit of Glen Kelly, sworn on 28 June 2019 and the affidavit of Wayne Gerrard Nannup, sworn on 28 June 2019.