Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Narrier v State of Western Australia (No 2) [2017] FCA 104 File numbers: WAD 228 of 2011 WAD 302 of 2015
Judge: MORTIMER J
Date of judgment: 15 February 2017
Catchwords: NATIVE TITLE – extinguishment – section 47B of the Native Title Act 1993 (Cth) – whether s 47B applies to disregard extinguishment – occupation for the purposes of s 47B(1)(c) – the area that must be occupied for the purposes of s 47B(1)(c)
Legislation: Native Title Act 1993 (Cth) Pt 2, ss 47A, 47B, 47B(1)(a), 47B(1)(b), 47B(1)(c), 47B(2)
Cases cited: Moses v Western Australia [2007] FCAFC 78; 160 FCR 148 Narrier v State of Western Australia [2016] FCA 1519 Neowarra v Western Australia [2003] FCA 1402 Northern Territory of Australia v Alyawarr, Kaytetye, Warumungu, Wakaya Native Title Claim Group [2005] FCAFC 135; 145 FCR 442 Rubibi Community v Western Australia (No 7) [2006] FCA 459
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