Procedural Issues

There have a been a number of cases that have examined the role and procedures of the Federal Court and, more particularly, the National Native Title Tribunal, in relation to the registration of applications. for example, Northern Territory v Lane (1996) 138 ALR 544; North Ganalanja Aboriginal Corp (on behalf of the Waanyi people) v State of Queensland and Ors (1996) 185 CLR 595; and Walley v State of Western Australia (1996) 137 ALR 561. In the Waanyi case, it was determined that at the registration stage, the ability of the Registrar of the Tribunal to reject applications was limited to administrative issues. It was not for the Registrar to make any determination of law or fact in relation to the application but merely to eliminate frivolous or vexatious claims. These decisions prompted some of the proposals for amendments that were incorporated into the 1998 Native Title Amendment Bill.

Keywords: Australian Court Case, determinations, Federal Court of Australia, Ganalanja Corp v Queensland and Ors (1996), National Native Title Tribunal, Native Title Amendment Bill, native title claim, Northern Territory v Lane (1996), Waanyi, Walley v State of Western Australia (1996), 1996-1998

Author: Strelein, Lisa