Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bullen v State of Western Australia [2010] FCA 900 Citation: Bullen v State of Western Australia [2010] FCA 900
Parties: ELAINE BULLEN AND OTHERS v THE STATE OF WESTERN AUSTRALIA AND OTHERS
File number: WAD 185 of 2009
Judge: SIOPIS J
Date of judgment: 20 August 2010
Catchwords: NATIVE TITLE – the two persons comprising the applicant of a native title determination application claim were both deceased – the government party granted two mining leases in respect of the land the subject of the native title claim – whether s 28(1)(b) of the Native Title Act 1993 (Cth) had application in those circumstances – whether immediately before the granting of the mining leases there was a "registered native title claimant" in relation to the relevant land – whether the declaration sought was in relation to a hypothetical matter.
Legislation: Native Title Act 1993 (Cth) ss 28(1)(b), 29(2)(a), 29(2)(b), 30, 31(1)(b), 35, 36A, 61(2), 62A, 66B, 66B(1), 66B(2), 66B(3), 66B(4), 86B, 185, 186(1)(d), 190(1), 251, 253 Native Title Amendment Bill 1997 (Cth), Explanatory Memorandum, para 18.11
Cases cited: Edwards v Santos Ltd (2009) 263 ALR 473 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Bullen v Western Australia (1999) 96 FCR 473
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