Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ward v State of Western Australia (No 4) [2016] FCA 358 File number: WAD 86 of 2012
Judge: BARKER J
Date of judgment: 13 April 2016
Catchwords: NATIVE TITLE – where State made admissions of exclusive native title in compensation proceedings – where tenure searches late in proceedings discovered potentially extinguishing tenure – where Court granted leave for State to withdraw admissions made – whether in all the circumstances it was unreasonable for State to not conduct tenure searches earlier in proceedings – whether in all the circumstances it was unreasonable for State to withdraw admissions in light of new tenure information – whether Court should exercise discretion under s 85A of the Native Title Act 1993 (Cth) to order costs on an indemnity basis against State COSTS – discretion of Court to award costs in native title proceedings under s 85A of the Native Title Act 1993 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M, s 37N, s 43, s 43(1), s 43(2) Mining Act 1904 (WA) Mining Act Amendment Act 1920 (WA) Native Title Act 1993 (Cth) s 13(2), s 47A, s 47B, s 62A, s 85A, s 85A(1), s 85A(2) Federal Court Rules 2011 (Cth) R 26.12(2)(b), R 26.12(7)
Cases cited: Akiba v The Commonwealth of Australia and Others (2013) 250 CLR 209; [2013] HCA 33 Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Banjima People v State of Western Australia and Others (No 2) (2013) 305 ALR 1; [2013] FCA 868 Cheedy v Western Australia and Others (No 2) (2011) 199 FCR 23; [2011] FCAFC 163 Daniel on behalf of the Ngarluma People v State of Western Australia [2003] FCA 666 Graham on behalf of the Ngadju People v State of Western Australia [2014] FCA 516 Mineralogy Pty Ltd v National Native Title Tribunal and Others (1997) 150 ALR 467 Oil Basins Limited v Watson [2014] FCAFC 154 Pathway Investments Pty Ltd and Doystoy Pty Ltd v National Australia Bank Limited [2012] VSC 97 Scheff v Columbia Pictures Corp Ltd [1938] 4 All ER 318 Ward and Others v Western Australia and Another (No 3) (2015) 233 FCR 1; [2015] FCA 658 Ward v State of Western Australia (No 2) [2014] FCA 825 Watson v State of Western Australia (No 3) [2014] FCA 127
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