Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cheedy v State of Western Australia (No 2) [2011] FCA 305 Citation: Cheedy v State of Western Australia (No 2) [2011] FCA 305
Appeal from: Cheedy on behalf of the Yindjibarndi People v State of Western Australia [2010] FCA 690
Parties: NED CHEEDY & OTHERS (ON BEHALF OF THE YINDJIBARNDI PEOPLE) v THE STATE OF WESTERN AUSTRALIA, FMG PILBARA PTY LTD and WINTAWARI GURUMA ABORIGINAL CORPORATION
File number(s): WAD 192 of 2010 WAD 193 of 2010
Judge: GILMOUR J
Date of judgment: 1 April 2011
Catchwords: COSTS – consideration of source of power in awarding costs in Native Title matters – jurisdiction – exclusive and non-exclusive jurisdiction – whether s 85A of Native Title Act 1993 (Cth) applies.
Legislation: Native Title Act 1993 (Cth) ss 81, 85A, 169(1), 213(2) Federal Court of Australia Act 1976 (Cth) ss 24(1)(a), 43, s 25(2B)(ab)
Cases cited: Brownley v Western Australia (1999) 167 ALR 170 Cheedy on behalf of the Yindjibarndi People v State of Western Australia [2010] FCA 690 Cheedy v State of Western Australia [2010] FCA 1305 Davidson v Fesl (No 2) [2005] FCAFC 274 Lardil Peoples v Queensland (2001) 185 ALR 513 Murray v Registrar of the National Native Title Tribunal (2003) 132 FCR 402
Date of hearing: 13 October 2010
Date of last submissions: 29 November 2010, 14 December 2010
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