Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nyamal Palyku Proceeding [2020] FCA 428 File numbers: WAD 392 of 2018 WAD 20 of 2019 WAD 23 of 2019 WAD 26 of 2019 WAD 289 of 2018 WAD 482 of 2018 WAD 483 of 2018
Judge: REEVES J
Date of judgment: 27 March 2020
Catchwords: NATIVE TITLE – application to amend pleadings under r 16.53 of the Federal Court Rules 2011 (Cth), or alternatively withdraw admissions – where admissions are made in the course of a separate question proceeding – whether a statement of issues, facts and contentions is a pleading – whether it is in the interests of justice to allow the admissions to be withdrawn – whether legal representatives have the implied authority to make admissions on a claim group's behalf – whether the admissions were limited to the proceeding in which they were made or whether they were binding in a related proceeding – application dismissed NATIVE TITLE – application for summary dismissal under r 26.01(1)(d) of the Federal Court Rules 2011 (Cth), or alternatively s 31A of the Federal Court of Australia Act 1976 (Cth) – whether a subsequently filed determination application constitutes an abuse of process – whether the applicant unduly delayed pursuing their rights and interests over the claim area – where the subsequent application overlaps another claim application – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) Native Title Act 1993 (Cth) Property Law Act 1969 (WA) Federal Court Rules 1979 (Cth) Federal Court Rules 2011 (Cth)
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