Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tommy on behalf of the Yinhawangka Gobawarrah v State of Western Australia [2017] FCA 1568 File number: WAD 490 of 2016
Judge: BARKER J
Date of judgment: 22 December 2017
Catchwords: NATIVE TITLE – interlocutory application to strike out or summarily dismiss application for determination of native title – whether claim group was a "subgroup" – compliance with s 61(4) of the Native Title Act 1993 (Cth) – whether there was insufficient evidence of authorisation – whether native title claim was an abuse of process – whether there was a reasonable prospect of success – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A(2) Native Title Act 1993 (Cth) ss 61, 61(4), 61A(1), 84D, 84D(2)
Cases cited: Giggles on behalf of the Gobawarrah Minduarra Yinhawangka People v State of Western Australia [2016] FCA 792 Murray on behalf of the Yilka Native Title Claimants v State of Western Australia (No 5) [2016] FCA 752 State Bank of New South Wales Ltd v Stenhouse Ltd (1997) Aust Torts Reports 81-423 Velickovic v Western Australia [2012] FCA 782
Date of hearing: 5 July 2017 and 13 December 2017
Registry: Western Australia
Division: General Division
National Practice Area: Native Title
Category: Catchwords
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