Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Miller v State of South Australia (Far West Coast Sea Claim) [2017] FCA 790 File number: SAD 71 of 2016
Judge: WHITE J
Date of judgment: 3 July 2017
Date of publication of reasons: 14 July 2017
Catchwords: NATIVE TITLE – application for leave to represent respondents on the hearing of interlocutory applications in native title proceedings – consideration of the principles bearing upon the grant of leave under s 85 of the Native Title Act 1993 (Cth). Held: application refused.
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Native Title Act 1993 (Cth) ss 9, 66, 84, 84C, 85 Federal Court Rules 1979 (Cth) Order 20 r 2 Federal Court Rules 2011 (Cth) rr 9.08, 26.01(1)(a), 34.104
Cases cited: Adnyamathanha People (No 1) v State of South Australia [2004] FCA 950 Damjanovic v Maley [2002] NSWCA 230; (2002) 55 NSWLR 149 Dates v Minister for Environment, Heritage and the Arts (No 3) [2010] FCA 354 Donnelly for the Wahlabul People v Registrar of the National Native Title Tribunal [2000] FCA 1330 Far West Coast Native Title Claim v State of South Australia (No 7) [2013] FCA 1285 Harrington-Smith on behalf of the Wongatha People v State of Western Australia [2002] FCA 871 Isaacs on behalf of the Turrbal People v State of Queensland [2011] FCA 828 Milne v Rally Australia Pty Ltd [2009] FCA 1101 Williams v Minister for Environment and Heritage [2004] FCAFC 58
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