Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rita Augustine v State of Western Australia [2013] FCA 338 Citation: Rita Augustine v State of Western Australia [2013] FCA 338
Parties: RITA AUGUSTINE & OTHERS v STATE OF WESTERN AUSTRALIA & OTHERS
File number: WAD 6002 of 1998
Judge: GILMOUR J
Date of judgment: 12 April 2013
Catchwords: NATIVE TITLE – ongoing dispute between the Jabirr Jabirr members and the Goolarabooloo members of the Goolarabooloo Jabirr Jabirr claim group - application for leave to discontinue – whether leave to discontinue should be granted – the Court's discretion – whether it is in the public interest for the Court to make orders discontinuing the proceedings prior to the parties resolving certain outstanding issues under the Browse LNG Precinct Project Agreement - whether the grant of leave will cause such prejudice to the other parties that leave should not be granted or should be granted upon conditions
Legislation: Native Title Act 1993 (Cth) ss 3(b), 28, 29, 30(1), 31, 35(1), 36(1), (3), 61, 62A, 84D, 190C(3), 251B Federal Court Rules 2011 (Cth) rr 1.33, 9.12, 26.12(4) Land Administration Act 1997 (WA) s 171, Pt 9 Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) s 10 Environmental Protection Act 1986 (WA) Environment Protection and Biodiversity Conservation Act 1999 (Cth)
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