Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bodney v State of Western Australia [2001] FCA 323 NATIVE TITLE – motion for strike out of part of application for determination of native title – declaration made of proper construction of application in relation to areas excluded from application – whether lease a "community purpose lease" under s 249A of the Native Title Act 1993 (Cth) and thus a "previous exclusive possession act" attributable to the State for the purposes of ss 23B(2) and 23E of the Act. Native Title Act 1993 (Cth) ss 23B(2); 23E; 84C(1); 249A Titles Validation Amendment Act 1999 (WA) s 12I Federal Court Rules O20 r2(1)
CORRIE CHRISTOPHER BODNEY ON BEHALF OF THE BODNEY FAMILY BALLARUKS v STATE OF WESTERN AUSTRALIA AND ORS
WAG 149 OF 1998
JUDGE: BEAUMONT J
DATE: 29 MARCH 2001
PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAG 149 OF 1998
BETWEEN: CORRIE CHRISTOPHER BODNEY ON BEHALF OF THE BODNEY FAMILY BALLARUKS
APPLICANT
AND: STATE OF WESTERN AUSTRALIA AND ORS
RESPONDENTS
JUDGE: BEAUMONT J
DATE: 29 MARCH 2001
PLACE: SYDNEY
ORDERS
THE COURT ORDERS: 1. Declare that Swan Locations 2885 and 11627, being land the subject of Crown Lease 1455/1921 granted to the University of Western Australia for a term of 999 years from 1 July 1919, are excluded from the applicant's amended application for determination of native title. 2. Reserve liberty to the University of Western Australia to apply for further relief, if so advised. 3. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAG 149 OF 1998
BETWEEN: CORRIE CHRISTOPHER BODNEY ON BEHALF OF THE BODNEY FAMILY BALLARUKS
APPLICANT
AND: STATE OF WESTERN AUSTRALIA AND ORS
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