Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tigan v State of Western Australia [2010] FCA 993 Citation: Tigan v State of Western Australia [2010] FCA 993
Parties: AUBREY TIGAN ON BEHALF OF THE MAYALA PEOPLE v THE STATE OF WESTERN AUSTRALIA and AUBREY TIGAN, HENRY MOWARLJARLIE & LORNA HUDSON
File number: WAD 6255 of 1998
Judge: GILMOUR J
Date of judgment: 10 September 2010
Catchwords: NATIVE TITLE - standing to file notice of change of solicitors - notice filed pursuant to decision of native title claim group but without consent of all named persons as applicant - whether claim group can act in its own right without reference to members of the applicant - whether applicant may act by majority - meaning of jointly – Native Title Act 1993 (Cth)
Legislation: Native Title Act 1993 (Cth) ss 61, 62A, 66B, 85A(2), 190A, 253 Federal Court Rules O 6 r 9(6)
Cases cited: Ankamuthi People v State of Queensland(2002) 121 FCR 68 followed Butchulla People v Queensland (2006) 154 FLR 233 referred to Chapman v Queensland (2007) 159 FCR 507discussed Doolan v Native Title Registrar (2007) 158 FCR 56 discussed McKenzie v South Australia [2006] FCA 891 cited Roe v Kimberley Land Council Aboriginal Corporation [2010] FCA 809 followed Ward v Northern Territory [2002] FCA 171 referred to
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