Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ah-Chee v Stuart [2019] FCAFC 165 Appeal from: Stuart v State of South Australia (Oodnadatta Common Overlap Proceeding) [2019] FCA 1282
File number: SAD 185 of 2019
Judges: REEVES, GRIFFITHS AND CHARLESWORTH JJ
Date of judgment: 18 September 2019
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory judgment of primary judge in which orders were made, based on cultural and customary concerns of claimant groups, in relation to the evidence in proceedings for the determination of overlapping claims of native title – insufficient doubt in correctness of the orders and supporting reasons of the primary judge to warrant leave to appeal being granted – no arguable House v The King (1936) 55 CLR 499 error identified – no question of general principle identified to warrant appellate intervention on a matter of practice or procedure – leave to appeal refused.
Legislation: Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) ss 17, 37AE, 37AF, 37AG Native Title Act 1993 (Cth) s 82 Federal Court Rules 2011 (Cth)
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc. [1981] HCA 39; 148 CLR 170 Cabcharge Australia Ltd v Australian Competition and Consumer Commission [2010] FCAFC 111 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission [2016] FCAFC 97; 242 FCR 153 Hogan v Australian Crime Commission [2010] HCA 21; 240 CLR 651 House v The King [1936] HCA 40; 55 CLR 499 In re the Will of F.B. Gilbert (dec.) (1946) SR (NSW) 318 Jango v Northern Territory of Australia [2003] FCA 1230 Lake Torrens Overlap Proceedings (No 3) [2016] FCA 899 Northern Territory of Australia v Mr A Griffiths (Deceased) (No 2) [2019] HCA 19; 93 ALJR 803 Rawson Finances Pty Limited v Deputy Commissioner of Taxation [2010] FCAFC 139; 81 ATR 36 Stuart v State of South Australia (Oodnadatta Common Overlap Proceeding) [2019] FCA 1282 Western Australia v Fazeldean (No 2) [2013] FCAFC 58; 211 FCR 150 Western Australia v Ward [1997] FCA 585; 76 FCR 492 Glanville Williams, Salmond on Jurisprudence, (Sweet and Maxwell, 10th ed, 1947)
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