Wiri People v Native Title Registrar
Case
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[2008] FCA 574
•29 April 2008
Details
AGLC
Case
Decision Date
Wiri People v Native Title Registrar [2008] FCA 574
[2008] FCA 574
29 April 2008
CaseChat Overview and Summary
The Wiri People sought to have their Wiri #2 Application for registration of native title claims accepted by the Registrar. The Registrar had rejected the application, finding that the applicant was not authorised by all the other persons in the native title claim group. The applicants sought judicial review of this decision. The key legal issues were whether the Registrar's role under section 190A of the Native Title Act required consideration of the composition of the native title claim group, and whether the Registrar was correct to find that the applicant was not authorised by all the other persons in the claim group. The court found that the Registrar's role did require consideration of the composition of the claim group. However, the court found that there was insufficient evidence to determine the proper composition of the Wiri People claim group. The evidence was contentious and uncertain. Therefore, the Registrar was correct to find that the applicant was not authorised by all the other persons in the claim group. The application for judicial review was dismissed.
Details
Key Legal Topics
Areas of Law
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Indigenous Peoples & Native Title Law
Legal Concepts
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Native Title Claim Group
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Authorization
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Constitutional Validity
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Most Recent Citation
Strickland v State of Western Australia [2015] FCA 914
Cases Citing This Decision
4
Strickland v State of Western Australia
[2015] FCA 914
Strickland v State of Western Australia
[2015] FCA 914
Strickland v State of Western Australia
[2015] FCA 914
Cases Cited
7
Statutory Material Cited
0
Healey v Prentice (No 2)
[2000] FCA 1598
Healey v Prentice (No 2)
[2000] FCA 1598
Gudjala People #2 v Native Title Registrar
[2007] FCA 1167