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Harkin on behalf of the Nanatadjarra People v State of Western Australia (No 2) [2021] FCA 3

Year
2021
Jurisdiction
Western Australia
Forum
Federal Court
Legislation considered
s 31A Federal Court of Australia Act 1976 (Cth)
s 84C Native Title Act 1993 (Cth)
s 61 Native Title Act 1993 (Cth)
s 251B Native Title Act 1993 (Cth)
s 66B Native Title Act 1993 (Cth)
Summary

Griffiths J

These proceedings involved two interlocutory applications.

First Interlocutory Application

The first application was brought by the Nangaanya-ku applicant, a respondent to the Nanatadjarra claim which overlapped the Nangaanya-ku claim. The Nangaanya-ku applicant sought an order summarily dismissing the Nanatadjarra claim under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) (FCA Act). Alternatively, they sought that the order be struck out under s 84C(1) of the Native Title Act 1993 (Cth) (NTA). His Honour concluded that the Nanatadjarra claim should be summarily dismissed because there were no reasonable prospects of the Nanatadjarra applicant establishing the claim was properly authorised under ss 61(1) and 251B of the NTA.

Second Interlocutory Application

The second interlocutory application was brought by the Nanatadjarra applicant for an order under s 66B of the NTA to obtain leave to amend the Form 1 by changing some of the people who comprise the Nanatadjarra applicant. The Court found there was no need to consider this application once the claim it related to had been dismissed.