Budby on behalf of the Barada Barna People v Native Title Registrar

The case of Budby on behalf of the Barada Barna People v Native Title Registrar [2014] FCA 801 involved a challenge to a decision by the Native Title Registrar to register a native title claim made by the Barada Kabalbara Yetimarala People (BKY). The Barada Barna People, represented by Les Budby and Cecil Brown Jnr, contended that the Registrar's decision was flawed because the claim was not properly authorised as required by the Native Title Act 1993 (Cth) (NTA). The BKY, the native title claim group in question, had filed an application that included an area of land outside the intended northern boundary of the authorised claim. The Registrar's decision to register the BKY's application was subsequently challenged.

The court examined whether the BKY's application was a "claimant application" as defined in the NTA, which must be authorised to be made by the native title claim group. The BKY conceded that their application had not been authorised as required by s 190C(4)(b) of the NTA. The court considered whether the registration decision could be set aside due to this error. It found that the Registrar was not reasonably able to be satisfied that the claim was authorised, as the material before her did not demonstrate a correspondence between the authorised claim and the claim in the application. Consequently, the court set aside the Registrar's decision to register the BKY's claim and ordered the Registrar to amend the Register of Native Title Claims accordingly. The court also noted the possibility of future amendments to the BKY's application to align it with the authorised claim.