Federal Court of Australia
Federal Court of Australia
Smirke on behalf of the Jurruru People v State of Western Australia [2020] FCA 1410 File numbers: WAD 537 of 2018 WAD 538 of 2018
Judgment of: MORTIMER J
Date of judgment: 1 October 2020
Catchwords: NATIVE TITLE – application for replacement of applicant under s 66B of the Native Title Act 1993 (Cth) and amendment of Form 1 under r 8.21 of the Federal Court Rules 2011 (Cth) – significant delay between authorisation meeting and application
Legislation: Native Title Act 1993 (Cth) ss 61, 62A, 66B, 84D Federal Court Rules 2011 (Cth) r 8.21
Cases cited: Daniel v State of Western Australia [2002] FCA 1147; 194 ALR 278 Nona on behalf of the Badu People (Warral & Ului) v State of Queensland [2020] FCA 983
Division: General Division
Registry: Western Australia
National Practice Area: Native Title
Number of paragraphs: 25
Date of hearing: 22 July 2020
Solicitor for Jurruru Applicants: Mr C McKeller of the Yamatji Marlpa Aboriginal Corporation
Solicitor for the State of Western Australia: Mr G Ranson of the State Solicitor's Office
ORDERS WAD 537 of 2018
BETWEEN: IVAN SMIRKE & ORS ON BEHALF OF THE JURRURU PEOPLE Applicant
AND: STATE OF WESTERN AUSTRALIA & ORS Respondent
order made by: MORTIMER J DATE OF ORDER: 1 OCTOBER 2020
THE COURT ORDERS THAT:
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