Briggs, on behalf of the Gumbangirri People v Minister for Lands for the State of NSW [2004] FCA 1056

FEDERAL COURT OF AUSTRALIA

Briggs, on behalf of the Gumbangirri People v Minister for Lands for the State of NSW [2004] FCA 1056

NATIVE TITLE – native title determination application – application to strike out under s 84C of the Native Title Act 1993 (Cth) – native title determination application lodged before commencement of the Native Title Amendment Act 1998 (Cth) – native title application amended after Native Title Amendment Act 1998 (Cth) commencement – whether native title determination application must comply with s 61 and s 62 of the Native Title Act 1993 (Cth) as amended by the Native Title Amendment Act 1998 (Cth)

Native Title Act 1993 (Cth) ss 61, 84C, 190A, 190B(3); Div 1 of Pt 3, Pt 11 Native Title Amendment Act 1998 (Cth) Sch 5 items 21 and 31

Bodney v Western Australia [2003] FCA 890 referred to Branfield v Wharton [2004] FCAFC 138 cited Burnton v Shire of Bairnside (1908) 7 CLR 76 referred to Dieri People v State of South Australia [2003] FCA 187; 127 FCR 364 referred to Edward Landers v State of South Australia [2003] FCA 264; 128 FCR 495 cited Ford v Minister of Land & Water Conservation for the State of NSW [2000] FCA 1913 cited Lawson v Minister for Land and Water Conservation [2002] FCA 488 cited Moran v Minister for Land and Water Conservation [1999] FCA 1637 referred to Phillips v State of Western Australia [2000] FCA 1274 referred to Quall v Risk [2001] FCA 378 cited Wharton on behalf of the Kooma People v State of Queensland [2003] FCA 1398 approved CECIL BRIGGS, STANLEY BONEY, VICKI CAMERON & JANET LAYTON, ON BEHALF OF THE GUMBANGIRRI PEOPLE v MINISTER FOR LANDS FOR THE STATE OF NEW SOUTH WALES & NEW SOUTH WALES NATIVE TITLE SERVICES LTD & ORS NG 6086 OF 1998 MOORE J SYDNEY 18 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 6086 OF 1998