Federal Court of Australia
Federal Court of Australia
Gordon on behalf of the Malarngowem Native Title Claim Group Part B v State of Western Australia [2020] FCA 1149 File number: WAD 568 of 2019
Judgment of: BANKS-SMITH J
Date of judgment: 11 August 2020
Catchwords: NATIVE TITLE - consent determination - where area subject to prior application but excised from prior determination - excised area subject of new application - ancillary order to prevent duplication of determinations over same area - requirements of s 87 of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders
Legislation: Native Title Act 1993 (Cth) ss 47B, 56, 57, 61, 62A, 64, 66, 67, 68, 87, 94A, 223, 225
Cases cited: Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia [2019] FCA 655 Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia [2020] FCA 929 Freddie v Northern Territory [2017] FCA 867 John on behalf of the Malarngowem Native Title Claim Group v State of Western Australia [2019] FCA 697 Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545 Widjabul Wia-Bal v Attorney General of New South Wales [2020] FCAFC 34
Division: General Division
Registry: Western Australia
National Practice Area: Native Title
Number of paragraphs: 55
Date of hearing: Determined on the papers
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