Recent Cases

McGlade v South West Aboriginal Land & Sea Aboriginal Corporation (No 2) [2019] FCAFC 238 (19 December 2019) (Allsop CJ, McKerracher and Mortimer JJ)


ADMINISTRATIVE LAW – judicial review of a decision of the Registrar to the National Native Title Tribunal – application to review the decision to register six indigenous land use agreements (ILUAs) – whether the Registrar erred in concluding that all the people identified as holding native title rights in respect of the settlement area had authorised the making of the ILUAs

NATIVE TITLE – s 203BE of the Native Title Act 1993 (Cth) (NTA) – certification of applications for registration of ILUAs – s 251A of the NTA – authorising the making of ILUAs – objections under s 24CI(1) on the grounds that the requirements of paragraphs 203BE(5)(a) and (b) were not satisfied

NATIVE TITLE – certifications under s 203BE(1)(b) of the NTA – where certifications made by the chief executive officer – consideration of Northern Land Council v Quall [2019] FCAFC 77 – where the Aboriginal and Torres Strait Islander corporation was incorporated under the Corporations (Aboriginal & Torres Strait Islander) Act 2006 (Cth)