Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lawson on behalf of the Badimaya Barna Guda People v State of Western Australia [2020] FCA 104 File numbers: WAD 7 of 2020 WAD 31 of 2019
Judge: MORTIMER J
Date of judgment: 6 February 2020
Catchwords: NATIVE TITLE – proposed consent determination in WAD 345 of 2019 listed on 7 February 2020 – native title determination lodged on 20 January 2020 which partially overlapped with proposed determination area – interlocutory application filed by applicant in WAD 345 of 2019 seeking dismissal of overlapping native title application – interlocutory application upheld NATIVE TITLE – interlocutory application filed in WAD 31 of 2019 seeking removal of respondent party in support of proposed consent determination in WAD 345 of 2019 – respondent party the lead applicant in overlapping native title application lodged on 20 January 2020 – interlocutory application upheld
Legislation: Native Title Act 1993 (Cth) ss 61, 87 Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: CG (Deceased) on behalf of the Badimia People v State of Western Australia [2015] FCA 204 CG (Deceased) on behalf of the Badimia People v State of Western Australia (No 2) [2015] FCA 507 CG (Deceased) on behalf of the Badimia People v State of Western Australia [2016] FCAFC 67; 240 FCR 466 Clancy on behalf of the Wulli Wulli People #2 v State of Queensland [2019] FCA 351 Cox v Journeaux [1935] HCA 48; 52 CLR 713 Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People [2019] FCAFC 177 Jeffery & Katauskas Pty Limited v SST Consulting Pty Ltd [2009] HCA 43; 239 CLR 75 Leedham Papertalk on behalf of the Mullewa Wadjari People v State of Western Australia [2015] FCA 1342 Spalla v St George Motor Finance Ltd (ACN 007 656 555) (No 6) [2004] FCA 1699 Stock (on behalf of the Nyiyaparli People) v Western Australia (No 4) [2018] FCA 1370 Sturt on behalf of the Jaru Native Title Claim v State of Western Australia [2018] FCA 1923 TJ (on behalf of the Yindjibarndi People) v State of Western Australia [2016] FCA 553
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