Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ward v State of Western Australia [2013] FCA 281 Citation: Ward v State of Western Australia [2013] FCA 281
Parties: FRED WARD & ORS ON BEHALF OF THE TRADITIONAL OWNERS OF THE GIBSON DESERT NATURE RESERVE v STATE OF WESTERN AUSTRALIA
File number: WAD 86 of 2012
Judge: BARKER J
Date of judgment: 28 March 2013
Catchwords: NATIVE TITLE – interlocutory application to strike out various paragraphs of applicant's compensation application and statement of facts, issues and contentions – where applicant recognises some impugned paragraphs are contrary to High Court authority – whether proceeding would be facilitated by not striking out impugned paragraphs
Legislation: Constitution s 51(xxxi) Federal Court of Australia Act 1976 (Cth) s 31A(2), s 31A(3) Native Title Act 1993 (Cth) s 4, s 13A(1), s 15(1)(d), s 17, s 19, s 20, s 21(1), s 23A(1), s 23B, s 23J, s 45, s 51, s 61(1), s 226(2)(e), s 228, s 232, s 232A, Pt 2 Div 2, Pt 2 Div 2A, Pt 2 Div 2B Racial Discrimination Act 1975 (Cth) Land Act 1933 (WA) s 29, s 33 Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) s 5
Cases cited: Federal Commissioner of Taxation v St Helens Farm (ACT) Pty Ltd (1981) 146 CLR 336 Gerhardy v Brown [1985] HCA 11; (1985) 159 CLR 70 Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118 Western Australia v Ward [2002] HCA 28; (2002) 213 CLR 1
Date of hearing: Determined on the papers
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