Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ashwin on behalf of the Wutha People v State of Western Australia (No 2) [2010] FCA 1472 Citation: Ashwin on behalf of the Wutha People v State of Western Australia (No 2) [2010] FCA 1472
Parties: RAYMOND WILLIAM ASHWIN ON BEHALF OF THE WUTHA PEOPLE v STATE OF WESTERN AUSTRALIA
File number: WAD 6064 of 1998
Judge: SIOPIS J
Date of judgment: 23 December 2010
Catchwords: NATIVE TITLE – an overlap claim by an applicant for a native title determination was dismissed on the grounds that the claim was not authorised – Native Title Act 1993 (Cth) was subsequently amended by the introduction of s 84D – a respondent to the claim applied for summary dismissal of the claim on the basis that the dismissal decision in respect of the overlap claim was fatal to the success of the claim – issue estoppel.
Legislation: Native Title Act 1993 (Cth) ss 84C, 84C(1), 84D, 61 Federal Court Rules O 20 r 2(1)
Cases cited: Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) (2007) 238 ALR 1 Ashwin on behalf of the Wutha People v State of Western Australia [2010] FCA 206 Quall v Northern Territory of Australia (2009) 180 FCR 528 Risk v Northern Territory of Australia [2006] FCA 404
Date of hearing: 4 August 2010
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
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