Atkinson on behalf of the Mooka and Kalara United Families Claim v Minister for Lands for the State of New South Wales [2011] FCA 701

FEDERAL COURT OF AUSTRALIA

Atkinson on behalf of the Mooka and Kalara United Families Claim v Minister for Lands for the State of New South Wales [2011] FCA 701 Citation: Atkinson on behalf of the Mooka and Kalara United Families Claim v Minister for Lands for the State of New South Wales [2011] FCA 701

Parties: BETTY ATKINSON, RICHARD GILBERT, WILLIAM GILBERT, BERYL SMITH AND NEVILLE WILLIAMS ON BEHALF OF THE MOOKA AND KALARA UNITED FAMILIES CLAIM v MINISTER FOR LANDS FOR THE STATE OF NEW SOUTH WALES AS STATE MINISTER UNDER THE NATIVE TITLE ACT 1993 (CTH), NTSCORP LIMITED, BARRICK (COWAL) LIMITED (FORMERLY BARRICK AUSTRALIA LIMITED) AND ORS BETTY ATKINSON, RICHARD GILBERT, WILLIAM GILBERT, BERYL SMITH AND NEVILLE WILLIAMS ON BEHALF OF THE MOOKA AND KALARA UNITED FAMILIES CLAIM v MINISTER FOR LANDS FOR THE STATE OF NEW SOUTH WALES AS STATE MINISTER UNDER THE NATIVE TITLE ACT 1993 (CTH), NTSCORP LIMITED AND ORS

File number(s): ACD 6001 of 2002 NSD 6009 of 2002

Judge: JAGOT J

Date of judgment: 23 June 2011

Catchwords: NATIVE TITLE – application to vary or set aside self-executing orders dismissing proceedings

Legislation: Native Title Act 1993 (Cth) Federal Court Rules O 35 r 7(1)

Cases cited: Atkinson on behalf of the Mooka and Kalara United Families Claim v Minister for Lands for the State of New South Wales [2010] FCA 1073 Atkinson on behalf of the Mooka and Kalara United Families Claim v Minister for Lands for the State of New South Wales (No 2) [2010] FCA 1477 Allstate Life Insurance Co v ANZ Banking Group Ltd (No 18) (1995) 133 ALR 667 Australian Fisheries Management Authority v PW Adams Pty Limited (No 2) (1966) 66 FCR 349 Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 Re Wallace; ex parte Wallace [1997] FCA 388 Wentworth v Rogers (No 9) (1987) 8 NSWLR 388