Section 190F(6) - should the application be dismissed?
5 In deciding whether the application should be dismissed I have considered s 190F(6) of the Native Title Act, which provides as follows:
The Court may, either on the application of a party or on its own motion, dismiss the application in which the claim was made … if:
(a) the Court is satisfied that the application in issue has not been amended since consideration by the Registrar, and is not likely to be amended in a way that would lead to a different outcome once considered by the Registrar; and
(b) in the opinion of the Court, there is no other reason why the application in issue should not be dismissed.
6 There is no evidence, and it was not submitted by any party, that this application is likely to be amended at all, never mind in a way that would lead to a different outcome once considered by the Registrar of the National Native Title Tribunal.
7 Insofar as the opinion of the Court is concerned, again there is nothing before the Court as to whether or not there is another reason why the application should not be dismissed.
8 The position of the Applicant is set out in a letter to the registrar of the Court dated 7 May 2008 in which the Court was advised by the representative Aboriginal/Torres Strait Islander body for the area, the Goldfields Land and Sea Council which acts for the Applicant in this matter, that it has not received instructions to make any submissions to the Court. That position remains the case at the time of the hearing of this matter.
9 I am therefore of the view that the application should be dismissed.
I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour.