Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Graham on behalf of the Ngadju People v State of Western Australia [2012] FCA 1455 Citation: Graham on behalf of the Ngadju People v State of Western Australia [2012] FCA 1455
Parties: JOHN WALTER GRAHAM AND OTHERS ON BEHALF OF THE NGADJU PEOPLE v STATE OF WESTERN AUSTRALIA AND OTHERS
File number: WAD 6020 of 1998
Judge: MARSHALL J
Date of judgment: 21 December 2012
Catchwords: NATIVE TITLE – Native title determination – whether native title exists in the claim area – identity of the persons holding native title – nature and extent of native title – rights and interests in land and waters – continuity of connection – traditional laws and customs – developed over time – whether still acknowledged and observed – native title recognised
Legislation: Native Title Act 1993 (Cth) s 13(1)(a), s 67(2), 223, 225
Cases cited: Akiba on behalf of the Torres Straight Islanders of the Regional Seas Claim Group v State of Queensland (No 2) [2010] FCA 643 Mabo v The State of Queensland (No 2) (1992) 175 CLR 1 Members of the Yorta Yorta Aboriginal Community v State of Victoria (2002) 214 CLR 422 Northern Territory of Australia v Alyawarr, Kaytetye, Warumungu, Wakaya Native Title Claim Group (2005) 145 FCR 442 Sampi v Western Australia [2005] FCA 777 Sampi v Western Australia (2010) 266 ALR 537 Western Australia v Sebastian (2008) 173 FCR 1
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