Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Japalyi v Northern Territory of Australia [2014] FCA 421 Citation: Japalyi v Northern Territory of Australia [2014] FCA 421
Parties: BERNARD PONTIARI JAPALYI and IDA MALYIKA NAMPIYIN ON BEHALF OF THE JIYILIJURRUNG AND YILYILIMAWU GURINDJI PEOPLE WHO ARE MEMBERS OF FOUR ESTATE GROUPS ASSOCIATED WITH THE KARU (CHILDREN), YIPARRARTU (EMU), WARRPAWURRU (FLYING-FOX) AND NYIRRI (CICADA) DREAMINGS RESPECTIVELY v NORTHERN TERRITORY OF AUSTRALIA
File number: NTD 6013 of 2000
Judge: WHITE J
Date of judgment: 7 May 2014
Catchwords: NATIVE TITLE – consent determination – approach to resolution by agreement of claims for determination of native title – whether orders under s 87A of the Native Title Act 1993 (Cth) appropriate and within the Court's power
Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Native Title Act 1993 (Cth) ss 55, 56, 61, 87, 87A, 94A, 223, 225
Cases cited: Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588 King v State of South Australia [2011] FCA 1386; (2011) 285 ALR 454 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Members of the Yorta Yorta Aboriginal Community v State of Victoria [2002] HCA 58; (2002) 214 CLR 422 Risk v Northern Territory of Australia [2006] FCA 404 Smith v State of Western Australia [2000] FCA 1249; (2000) 104 FCR 494
Date of hearing: 7 May 2014
Place: Kalkarindji
Division: GENERAL DIVISION
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