Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
State of Western Australia v Ward [2013] FCAFC 54 Citation: State of Western Australia v Ward [2013] FCAFC 54
Appeal from: Ward v State of Western Australia [2013] FCA 281
Parties: STATE OF WESTERN AUSTRALIA v FRED WARD & ORS ON BEHALF OF THE TRADITIONAL OWNERS OF THE GIBSON DESERT NATURE RESERVE
File number: WAD 104 of 2013
Judges: ALLSOP CJ, MARSHALL J and mansfield J
Date of judgment: 31 May 2013
Catchwords: NATIVE TITLE – Compensation claim – one basis of claim that native title rights and interests suppressed but not extinguished by vesting of national park under s 33 Lands Act 1933 (WA) – whether that claim should be struck out having regard to Western Australia v Ward – no injustice by allowing claim to stand – leave to appeal revoked
Legislation: Native Title Act 1993 (Cth), ss 50, 61, 232, 45, 17, 20, 19, 238, 228, 23B Land Act 1933 (WA), ss 29, 33 Federal Court of Australia Act 1976 (Cth), s 31A Racial Discrimination Act 1975 (Cth), s 10 Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA), s 5
Cases cited: Western Australia v Ward (2002) 213 CLR 1 considered House v The King (1936) 55 CLR 499 followed Adam P Brown Male Fashions Pty Ltd v Phillip Morris Inc (1981) 148 CLR 170 followed Spencer v Commonwealth (2010) 241 CLR 118 followed
Date of hearing: 13 May 2013
Place: Perth
Division: GENERAL DIVISION
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