Briggs, on behalf of the Gumbangirri People v Minister for Lands for the State of NSW

In the case of Briggs, on behalf of the Gumbangirri People v Minister for Lands for the State of NSW, the applicants sought to challenge the standing of the New South Wales Native Title Services (NSWNTS) to make a strike out application under the Native Title Act 1993 (Cth). The applicants argued that NSWNTS, as a representative body, did not have the authority to make such an application, and even if the application was deemed non-compliant with the legislation, it should not be struck out. They relied on previous judgments that indicated the court should not strike out an application unless it was certain that the claim had no chance of success, and that the application could be amended if defective.

The court examined the statutory provisions and found that Section 84C of the Act clearly allowed a party to the proceedings to make an application to strike out an application. NSWNTS had been joined as a party to the proceedings, and the applicants had consented to this joinder. The court concluded that there were no clear words or implications in the legislation that would restrict the standing of a representative body to make such an application. The court found that the 1999 amendment to the application had effectively created a fresh application, transforming the original claimant group into an incorporated association, which did not correspond with the members of the claimant group.

Based on the reasoning above, the court struck out the application for determination of native title. The applicants' arguments concerning the standing of NSWNTS and the alternative remedies were not accepted by the court.