Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cheedy on behalf of the Yindjibarndi People v State of Western Australia [2010] FCA 690
Citation: Cheedy on behalf of the Yindjibarndi People v State of Western Australia [2010] FCA 690
Appeal from: FMG Pilbara Pty Ltd/Ned Cheedy and Others on behalf of the Yindjibarndi People/Western Australia [2009] NNTTA 91
FMG Pilbara Pty/Wintawari Guruma Aboriginal Corporation/Ned Cheedy and Others on behalf of the Yindjibarndi People/Western Australia[2009] NNTTA 99
Parties: NED CHEEDY AND OTHERS ON BEHALF OF THE YINDJIBARNDI PEOPLE v STATE OF WESTERN AUSTRALIA and FMG PILBARA PTY LTD NED CHEEDY AND OTHERS ON BEHALF OF THE YINDJIBARNDI PEOPLE v STATE OF WESTERN AUSTRALIA, FMG PILBARA PTY LTD and WINTAWARI GURUMA ABORIGINAL CORPORATION
File number(s): WAD 161 of 2009 WAD 168 of 2009
Judge: MCKERRACHER J
Date of judgment: 2 July 2010
Corrigendum: 6 July 2010
Catchwords: NATIVE TITLE – appeal from the National Native Title Tribunal – s 38 and s 39 of the Native Title Act 1993 (Cth) – nature of appeal to Federal Court – question of law
CONSTITUTIONAL LAW – invalidity of s 38 and s 39 of the Native Title Act 1993 (Cth) pursuant to s 116 of the Constitution – s 51(xxxi) compulsory acquisition of native title rights and interests
STATUTORY INTERPRETATION – use of international instruments – failure to consider submissions of substance
Legislation: Judiciary Act 1903 (Cth) s 78B Native Title Act 1993 (Cth) ss 35, 38, 39, 83, 169
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