Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2017] FCA 1056

FEDERAL COURT OF AUSTRALIA

Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2017] FCA 1056 Appeal from: Peterson on behalf of the Wunna Nyiyaparli v State of Western Australia [2016] FCA 1528

File number: WAD 17 of 2017

Judge: MCKERRACHER J

Date of judgment: 5 September 2017

Catchwords: PRACTICE AND PROCEDURE – whether notice of appeal authorised by the appellant – whether appeal authorised by all persons comprising the appellant – whether leave to appeal is required – where appeal is brought against a number of orders some of which are final and some of which are interlocutory – whether leave to appeal should be granted – whether primary decision attended with sufficient doubt to warrant appeal – whether substantial injustice would occur if leave refused

Legislation: Native Title Act 1993 (Cth) s 62A Federal Court of Australia Act 1976 (Cth) s 24(1A), 24(1AA)(b)(i), 24(a), 25(2B) Federal Court Rules 2011 (Cth) rr 1.61(4), 1.61(5), 26.72(1)

Cases cited: Computer Edge Pty Ltd v Apple Computer Inc (1984) 54 ALR 767 Damorgold Pty Ltd v J.A.I. Products Pty Ltd [2014] FCA 448 Decor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 House v The King (1936) 55 CLR 499 McGlade v Native Title Registrar (2017) 340 ALR 419 N and E Bowder Pty Ltd v Australian Keg Company Pty Ltd (2014) 220 FCR 166 Roe v Kimberley Land Council Aboriginal Corporation (2010) 215 FCR 131 Wyman v Queensland (2015) 235 FCR 464