Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Walker v State of South Australia (No 2) [2013] FCA 700 Citation: Walker v State of South Australia (No 2) [2013] FCA 700
Parties: LANCELOT GILBERT WALKER v STATE OF SOUTH AUSTRALIA & ORS
File number: SAD 162 of 2010
Judge: MANSFIELD J
Date of judgment: 19 July 2013
Catchwords: CONSTITUTIONAL LAW – whether the Commonwealth of Australia's assertion of sovereignty over the asserted traditional lands of the applicant's native title claim group is valid and effective – whether the proviso concerning Aboriginal people in the Letters Patent establishing the Province of South Australia limits the effect of the Commonwealth's assertion of sovereignty CONSTITUTIONAL LAW – State of South Australia – foundation and status JURISDICTION – jurisdiction of Federal Court under Native Title Act 1993 (Cth) extends to all land within Commonwealth
Legislation: Native Title Act 1993 (Cth) s 61 Judiciary Act 1903 (Cth) s 78B Federal Court of Australia Act 1976 (Cth) Pacific Islanders Protection Act 1875 (Imp) 38 & 39 Vict, c 51, ss 6, 7 Commonwealth Constitution ss 106, 107, 127 An Act to enable His Majesty to establish a Court of Criminal Indicature on the Eastern Coast of New South Wales, and Parts adjacent (Imp) 27 Geo III, c 2 South Australia Act 1834 (Imp) 4 & 5 Wm IV, c 95, ss 1, 6 An Act to amend an act of the Fourth and Fifth Years of His late Majesty, empowering His Majesty to erect South Australia into a British Province or Provinces (Imp) 1 & 2 Vict, c 60, s 1 South Australia Act 1842 (Imp) 5 & 6 Vict, c 61, ss 1, 5 Australian Constitutions Act 1850 (Imp) 13 & 14 Vict, c 59, s 7 South Australian Constitution Act 1855-6 (Imp) s 1 Colonial Laws Validity Act 1865 (Imp) (28 & 29 Vict, c 63, s 7 Australian Constitutions Act 1862 (Imp) 25 & 26 Vict, c 11 Colonial Acts Confirmation Act 1863 (Imp) 26 & 27 Vict, c 84 Commonwealth of Australia Constitution Act 1900 (Imp) 63 & 64 Vict, c 12 Australia Act 1986 (UK) s 2 Treaty of Waitangi Act 1975 (NZ) sch 1 Pacific Islanders Protection Act 1872 (Imp) 35 & 36 Vict, c 19, s 3
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