Strickland v The Native Title Registrar
Case
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[1999] FCA 1089
•11 AUGUST 1999
Details
AGLC
Case
Decision Date
Strickland v The Native Title Registrar [1999] FCA 1089
[1999] FCA 1089
11 AUGUST 1999
CaseChat Overview and Summary
Strickland v The Native Title Registrar is a case before the Federal Court of Australia, involving a challenge by the applicant, Strickland, to the validity of a native title determination made by the Native Title Registrar. Strickland contends that the determination was flawed due to procedural irregularities and errors in law. The Native Title Registrar and the State of Western Australia are the respondents, with the latter being subsequently joined to the application. The primary legal issues revolve around the procedural fairness of the determination process and whether the Native Title Registrar correctly applied the law in making the determination. The court had to examine whether the procedures followed were consistent with the Native Title Act and whether the decision was legally sound. The Federal Court found that there were indeed procedural issues and legal errors in the native title determination process, leading to an invalid outcome. The court ruled that the State of Western Australia should be joined as a party to the application, and the costs associated with this motion are to be reserved for future determination.
Details
Key Legal Topics
Areas of Law
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Indigenous Peoples & Native Title Law
Legal Concepts
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Native Title
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Most Recent Citation
Brewer v John Francis O'Sullivan, Warden At Kalgoorlie [No 2] [2017] WASC 269
Cases Citing This Decision
18
Brewer v John Francis O'Sullivan, Warden At Kalgoorlie [No 2]
[2017] WASC 269
McCarthy v Commissioner of Taxation (No 2)
[2015] FCA 1346
Hazelbane v Doepel
[2008] FCA 290
Cases Cited
7
Statutory Material Cited
0
North Ganalanja Aboriginal Corporation v Queensland
[1996] HCA 2
Bullen v State of Western Australia
[1999] FCA 1490
Smith v Western Australia
[2001] FCA 19