Recent Cases

Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia [2020] FCAFC 64 (14 April 2020) (Rares, White and Banks‑Smith JJ)


NATIVE TITLE – appeal from decision of the National Native Title Tribunal (the Tribunal) rejecting an application made pursuant to s 32(3) of the Native Title Act 1993 (Cth) (the NT Act) on the basis that it had not been made by the person entitled under the NT Act to make it – application lodged by the former registered native title claimants and not the registered native title body corporate (RNTBC) – whether the Tribunal’s acceptance of the application under s 77 of the NT Act enlivened its jurisdiction – whether on the factual findings it could be concluded that it was the RNTBC which had lodged the objection – whether application was nevertheless “sufficient to satisfy the statutory purpose” – consideration of Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 – operation of s 109 of the NT Act – appeal dismissed