Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brown v State of South Australia [2009] FCA 206
NATIVE TITLE – native title determination application – striking out – whether group identified in application constitutes native title claim group within meaning of Act – whether applicant was authorised within meaning of Act Held: native title determination application struck out – group did not constitute native title claim group and applicant was not authorised.
Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules O 20 r 2 Native Title Act 1993 (Cth) ss 61, 61A, 62, 84C, 251B, 253 Native Title (Federal Court) Regulations 1998 (Cth) reg 5
Bodney v State of Western Australia [2003] FCA 890 referred to Bolton on behalf of the Southern Noongar Families v State of Western Australia [2004] FCA 760 considered Colbung v The State of Western Australia [2003] FCA 774 referred to Daniel v Western Australia (2003)194 ALR 278 considered Dieri People v State of South Australia (2003) 127 FCR 364 referred to Harrington-Smith (on behalf of the Wongatha People) v Western Australia (No 9) (2007) 238 ALR 1 referred to Hillig as Administrator of Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales (No 2) [2006] FCA 1115 referred to Kite v State of South Australia [2007] FCA 1662 referred to Landers v State of South Australia (2003) 128 FCR 495 referred to Lawson on behalf of the 'Pooncarie' Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 1517 cited McKenzie v South Australia (2005) 214 ALR 214 considered Moran v Minister for Land and Water Conservation for the State of New South Wales (2000) 5(2) AILR 61 cited Reid v State of South Australia [2007] FCA 1479 referred to Risk v National Native Title Tribunal [2000] FCA 1589 referred to Tilmouth v Northern Territory of Australia (2001) 109 FCR 240 referred to Wharton on behalf of the Kooma People v State of Queensland [2003] FCA 790 cited Perry M and Lloyd S, Australian Native Title Law (Lawbook Co, 2003) [3.130] DAWN MARGARET BROWN v STATE OF SOUTH AUSTRALIA and ANTAKIRINJA MATU-YANKUNYTJATJARA NATIVE TITLE CLAIM GROUP
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