Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gawirrin Gumana v Northern Territory of Australia (No 2) [2005] FCA 1425
NATIVE TITLE – determination of native title – form of determination – issues as to extent of native title rights in inter-tidal zone – whether public right to fish extends into tidal waters that are not navigable
JUDGES – when judge unavailable to make orders after delivering reasons for judgment
Native Title Act 1993 (Cth) Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Aboriginal Councils and Associations Act 1976 (Cth) Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) Customs Act 1901 (Cth) Fisheries Act 1988 (NT) Aboriginal Land Act 1978 (NT) Northern Territory Aboriginal Sacred Sites Act 1989 (NT) Aboriginal Land Act 1978 (NT) Water Act (NT) Fisheries Act 1988 (NT) Northern Territory Aboriginal Sacred Sites Act 1989 (NT) Brennan v Brennan (1958) 89 CLR 129 applied R v Toohey; Ex parte Meneling Station (1982) 158 CLR 327 cited Yorta Yorta v Victoria (2002) 214 CLR 422 followed Northern Land Council v Olney (1992) 34 FCR 470 cited Pareroultja v Tickner (1993) 42 FCR 32 cited Commonwealth v Yarmirr (1999) 101 FCR 171 followed Harper v Minister of Sea Fisheries (1989) 168 CLR 314 considered New South Wales v Commonwealth (1975) 135 CLR 337 considered Anderson v Alnwick District Council [1993] 1 WLR 1156 considered Minister for Primary Industry and Energy v Davey (1993) 47 FCR 151 considered Attorney-General for British Columbia v Attorney-General for Canada [1914] AC 153 considered Yanner v Eaton (1999) 201 CLR 351 followed Passi v State of Queensland [2001] FCA 217 cited Mabo v Queensland (No 2) (1992) 175 CLR 1 followed Attorney-General (NT) v Ward (2003) 134 FCR 16 applied De Rose v South Australia (2003) 133 FCR 325 cited Western Australia v Ward (2002) 213 CLR 1 followed De Rose v State of South Australia (No 2) [2005] FCAFC 110 cited Attorney-General (NT) v Ward (2003) 134 FCR 16 cited Wandarang People v Northern Territory (2000) 104 FCR 380 cited Erubam Le v Queensland [2003] FCAFC 227 cited
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