Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Murray on behalf of the Yilka Native Title Claimants v State of Western Australia (No 4) [2013] FCA 413 Citation: Murray on behalf of the Yilka Native Title Claimants v State of Western Australia (No 4) [2013] FCA 413
Parties: HARVEY MURRAY ON BEHALF OF THE YILKA NATIVE TITLE CLAIMANTS v THE STATE OF WESTERN AUSTRALIA AND OTHERS
File number: WAD 297 of 2008
Judge: MCKERRACHER J
Date of judgment: 22 April 2013
Catchwords: PRACTICE AND PROCEDURE – whether to adjourn the hearing of an interlocutory application for dismissal brought after hearing a substantial quantity of evidence until the closing submissions of substantive hearing – relevant factors – complex and technical nature of the interlocutory application – the State of Western Australia seeking to dismiss or permanently stay a native title determination application on grounds of issue estoppel, res judicata, 'Anshun' estoppel and abuse of process – whether efficient use of Court's resources to proceed with interlocutory application when substantive proceeding already part-heard
Legislation: Federal Court Rules 2011 (Cth), r 6.02
Date of hearing: 22 April 2013
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 9
Counsel for the Applicant: Mr R Blowes SC with Mr T Keely
Solicitor for the Applicant: Central Desert Native Title Services Limited
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