Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia [2019] FCA 655 File number: WAD 41 of 2019
Judge: MORTIMER J
Date of judgment: 21 May 2019
Catchwords: NATIVE TITLE – consent determination – agreement of the parties – where interlocutory application brought prior to determination seeking orders under s 66B of the Native Title Act 1993 (Cth) to replace the applicant – where newly constituted applicant duly authorised by claim group – requirements of s 66B of the Native Title Act 1993 (Cth) satisfied – requirements of s 87A of the Native Title Act 1993 (Cth) satisfied – appropriate to make orders
Legislation: Native Title Act 1995 (Cth) ss 47B, 55, 56, 57, 61, 66, 66B, 87, 87A, 225 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
Cases cited: Drury on behalf of the Nanda People v State of Western Australia [2018] FCA 1849 Lander v South Australia [2012] FCA 427 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 PC on behalf of the Njamal People v State of Western Australia [2016] FCA 462 Stock v State of Western Australia [2014] FCA 179 Tjungarrayi v Western Australia; KN (deceased) and Others (Tjiwarl and Tjiwarl #2) v Western Australia [2019] HCA 12 Weribone on behalf of the Mandandanji People v State of Queensland [2013] FCA 255
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