Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Roe v Kimberley Land Council Aboriginal Corporation [2010] FCA 809 Citation: Roe v Kimberley Land Council Aboriginal Corporation [2010] FCA 809
Parties: JOSEPH ROE and CYRIL SHAW on behalf of the members of the Goolarabooloo and Jabirr Jabirr native title claim group v KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION
File number: WAD 74 of 2010
Judge: GILMOUR J
Date of judgment: 2 August 2010
Catchwords: NATIVE TITLE – standing of one only of two named persons as applicant in native title determination application to institute and continue proceedings in name of joint applicant – Native Title Act 1993 (Cth) (NTA) ss 61 and 62A – whether in these circumstances the lack of standing may be cured under the provisions of NTA s 84D.
Legislation: Native Title Act 1993 (Cth) ss 3(c), 13, 61, 62A, 66B, 84D, 203BB, 203BC, 213(2), 253 Federal Court of Australia Act 1976 (Cth) Part IVA, 33C Federal Court Rules O 4 r 1, O 19, r 2
Cases cited: Ankamuthi People v State of Queensland(2002) 121 FCR 68 discussed Butchulla People v State of Queensland (2006) 154 FCR 233 referred to Johnson on behalf of the Barkandji (Paakantyi) People v Minister For Land and Water Conservation for the State of New South Wales [2003] FCA 981 referred to Tullock v State of Western Australia [2010] FCA 351 referred to
Date of hearing: 15 June and 15 July 2010
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