Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Laing v State of South Australia (No 2) [2012] FCA 980 Citation: Laing v State of South Australia (No 2) [2012] FCA 980
Parties: MICHAEL ALFRED LAING (NALEY NATIVE TITLE CLAIM) v STATE OF SOUTH AUSTRALIA
File number: SAD 77 of 2012
Judge: MANSFIELD J
Date of judgment: 7 September 2012
Catchwords: NATIVE TITLE – claim group – application under s 84C, Native Title Act 1993 (Cth) to strike out claim – clear that claim group is only subgroup or subset of persons who claim to hold native title over claim area – application only authorised by subgroup and not by group holding native title – application for native title dismissed
Legislation: Native Title Act 1993 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Far West Coast Native Title Claim v South Australia [2012] FCA 733 cited McKenzie v South Australia [2005] FCA 22; (2005) 214 ALR 214 cited Velickovic v Western Australia [2012] FCA 782 cited Risk v National Native Title Tribunal [2000] FCA 1589 cited Brown v South Australia [2009] FCA 206 cited Landers v South Australia [2003] FCA 264 cited Tilmouth v Northern Territory (2001) 109 FCR 240 cited Dieri People v South Australia (2003) 127 FCR 364 cited Far West Coast Native Title Claim v South Australia (2011) 191 FCR 381 cited Colbung v Western Australia [2003] FCA 774 distinguished Hillig v Minister for Lands for New South Wales (No 2) [2006] FCA 1115 distinguished
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