Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ashwin on behalf of the Wutha People v State of Western Australia [2010] FCA 206 Citation: Ashwin on behalf of the Wutha People v State of Western Australia [2010] FCA 206
Parties: RAYMOND WILLIAM ASHWIN & ORS ON BEHALF OF THE WUTHA PEOPLE v STATE OF WESTERN AUSTRALIA & ORS
File number: WAD 6064 of 1998
Judge: SIOPIS J
Date of judgment: 11 March 2010
Catchwords: NATIVE TITLE – finding in another proceeding that the applicant in this proceeding was not authorised under s 61 of the Native Title Act 1993 (Cth) – this proceeding not yet ready for trial – whether persons comprising the applicant in this proceeding should pursuant to s 84D(1) of the Act provide evidence of authorisation – whether the Court should pursuant to s 84D(4) permit the matter to be heard and determined despite defect in authorisation
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Native Title Act 1993 (Cth) ss 61, 84D, 84D(1), 84D(2), 84D(3), 84D(4)
Cases cited: Harrington-Smith on behalf of the Wongatha People v Western Australia (No 9) (2007) 238 ALR 1
Date of hearing: 4 August 2009
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 52
Counsel for the Applicant: Mr RI Viner AO QC and Mr N Tolcon
Solicitor for the Applicant: Mony De Kerloy
Counsel for the First Respondent: Mr TA Creewel
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