Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Foster v Northern Territory of Australia [2015] FCA 38 Citation: Foster v Northern Territory of Australia [2015] FCA 38
Parties: MARJORIE FOSTER ON BEHALF OF THE KAMU PEOPLE v NORTHERN TERRITORY OF AUSTRALIA, BIDDY YINGGUNY, MALAK MALAK ABORIGINAL LAND TRUST, ALBERT MYOUNG and TELSTRA CORPORATION LTD
File number: NTD 6042 of 1998
Judge: MANSFIELD J
Date of judgment: 6 February 2015
Catchwords: NATIVE TITLE – whether application should be dismissed – whether application has a reasonable prospect of being successfully prosecuted – where no action to prosecute claim has been taken over many years – where applicant cannot identify benefits to applicant and claim group which might extend beyond those enjoyed by traditional Aboriginal owners in whose favour a grant of the same land has been made to a land trust under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALR Act) – where applicant and claim group are members of the traditional Aboriginal owners under the ALR Act – application dismissed
Legislation: Native Title Act 1993 (Cth) ss 84D, 190F Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Federal Court Rules 2011 (Cth) Federal Court of Australia Act 1976 (Cth) s 31A
Cases cited: Spencer v Commonwealth of Australia (2010) 241 CLR 118 Landers v State of South Australia (2003) 128 FCR 495
Date of hearing: Heard on the papers
Place: ADELAIDE (via video link to Darwin)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate