Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FQM Australia Nickel Pty Ltd v Bullen [2011] FCAFC 30 Citation: FQM Australia Nickel Pty Ltd v Bullen [2011] FCAFC 30
Appeal from: Bullen v State of Western Australia [2010] FCA 900
Parties: FQM AUSTRALIA NICKEL PTY LTD (ACN 135 761 465) v ELAINE BULLEN, JENNY WOODS, DIANE CLINCH, VERONICA WILLIAMS-BENNELL, GRAHAM TUCKER, JARMAN JAMIESON, STATE OF WESTERN AUSTRALIA and WA MINISTER OF MINES AND PETROLEUM STATE OF WESTERN AUSTRALIA v ELAINE BULLEN & ORS and FQM AUSTRALIA NICKEL PTY LTD (ACN 135 761 465)
File number(s): WAD 251 of 2010WAD 252 of 2010
Judges: NORTH, MCKERRACHER AND JAGOT JJ
Date of judgment: 9 March 2011
Catchwords: NATIVE TITLE – meaning of registered native title claimant – whether a person continues to be a registered native title claimant after the person has died and pending replacement on the Register of Native Title Claims
Legislation: Acts Interpretation Act 1901 (Cth) Native Title Act 1993 (Cth) Native Title Amendment Act 1998 (Cth) Native Title Amendment (Technical Amendments) Act 2007 (Cth)
Cases cited: Allphones Retail Pty Ltd v Weimann [2009] FCAFC 135 Bass v Permanent Trustee Company Ltd (1999) 198 CLR 334 Bullen v State of Western Australia [2010] FCA 900 Chapman v Queensland (2007) 159 FCR 507 Cheedy on behalf of the Yindjibarndi People v State of Western Australia (No 2) [2010] FCA 1154 Edwards v Santos Ltd (2009) 263 ALR 473 Edwards v Santos Ltd (2010) 185 FCR 280 House v The King (1936) 55 CLR 499 Johnson on behalf of the Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2003] FCA 981 Lardil Peoples v State of Queensland (2001) 108 FCR 453 Lennon v State of South Australia [2010] FCA 743 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 R v Newham London Borough Council; ex parte Dada [1995] 3 WLR 540 Roe v Kimberley Land Council Aboriginal Corporation [2010] FCA 809 Sambo v State of Western Australia (2008) 172 FCR 271 Yunghanns v Candoora No 19 Pty Ltd [1999] VSC 524
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