Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Banjima People v State of Western Australia (No 2) [2015] FCAFC 171 Citation: Banjima People v State of Western Australia (No 2) [2015] FCAFC 171
Appeal from: Banjima People v State of Western Australia (No 2) [2013] FCA 868 Banjima People v State of Western Australia (No 3) [2014] FCA 201
Parties: ALEC TUCKER ON BEHALF OF THE BANJIMA PEOPLE v STATE OF WESTERN AUSTRALIA AND OTHERS (see Schedule of Parties at Appendix A for full list of parties) STATE OF WESTERN AUSTRALIA v ALEC TUCKER ON BEHALF OF THE BANJIMA PEOPLE AND OTHERS (see Schedule of Parties at Appendix A for full list of parties)
File numbers: WAD 72 of 2014 WAD 73 of 2014
Judges: MANSFIELD, KENNY, RARES, JAGOT AND MORTIMER JJ
Date of judgment: 4 December 2015
Catchwords: PRACTICE AND PROCEDURE – interlocutory application – whether Full Court should reconsider its original reasons for judgment – application dismissed NATIVE TITLE – right to exclusive possession – whether evidence regarding non-Aboriginal people is relevant – not relevant to the issue of the existence and continuity of traditional laws and customs – right of exclusive possession established based on the evidence of observance of traditional laws and customs by Aboriginal people within the relevant belief system NATIVE TITLE – whether exploration licences met exclusionary criterion in s 47B(1)(b)(ii) of the Native Title Act 1993 (Cth) – the licences did not meet exclusionary criterion
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