Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Samson on behalf of the Ngarluma People v State of Western Australia [2015] FCA 1438 Citation: Samson on behalf of the Ngarluma People v State of Western Australia [2015] FCA 1438
Parties: VIOLET SAMSON, KERRY CHURNSIDE, JIM FREDERICKS, PANSY HICKS and JOHN WEDGE ON BEHALF OF THE NGARLUMA PEOPLE v STATE OF WESTERN AUSTRALIA, COMMONWEALTH OF AUSTRALIA, WILFRED HICKS AND OTHERS ON BEHALF OF THE WONG-GOO-TT-OO GROUP, THE YAMATJI MARLPA ABORIGINAL CORPORATION and TELSTRA CORPORATION LIMITED
File number: WAD 165 of 2008
Judge: MCKERRACHER J
Date of judgment: 21 December 2015
Catchwords: NATIVE TITLE - consent determination of native title – whether proposed consent determination within power and appropriate - requirements under s 87 of the Native Title Act 1993 (Cth) - agreement of parties
Legislation: Native Title Act 1993 (Cth) ss 56(2)(a), 56(2)(a)(i), 56(2)(a)(ii), 87, 87(1), 87(2), 94A, 225
Cases cited: Daniel v Western Australia [2003] FCA 666 Daniel v State of Western Australia [2005] FCA 536 Hughes (on behalf of the Eastern Guruma People) v Western Australia [2007] FCA 365 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Moses v Western Australia (2007) 160 FCR 148 Munn for and on behalf of the Gunggari People v State of Queensland (2001) 115 FCR 109 Ward v State of Western Australia [2006] FCA 1848 Ward v Western Australia (1998) 159 ALR 483 Western Australia v Ward (2002) 213 CLR 1
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