Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McNamara (Barngarla Southern Eyre Peninsula Native Title Claim) v State of South Australia [2020] FCA 1875 File number: SAD 26 of 2020
Judge: CHARLESWORTH J
Date of judgment: 24 December 2020
Catchwords: NATIVE TITLE – application to strike out or summarily dismiss an application for a native title determination – where previous application for a native title determination was made by the same claim group relating to the same area – where previous application dismissed insofar as it related to the same area – where claims relating to succession were previously argued but not proven on the evidence in the earlier proceeding – whether the earlier proceedings give rise to an issue estoppel respecting claims founded in succession – whether the current proceeding constitutes an abuse of the Court's processes – principle of finality of litigation in its application to native title proceedings – relevance of the unique subject matter – provisions of the Native Title Act 1993 (Cth) intended to avoid successive claims relating to the same area by the same claimants – proceeding summarily dismissed
Legislation: Evidence Act 1995 (Cth) s 64 Federal Court of Australia Act 1976 (Cth) ss 31A Native Title Act 1993 (Cth) ss 10, 13, 61, 61A, 62, 66, 67, 68, 84, 85A, 84C, 87A, 223, 225 Federal Court Rules 2011 (Cth) r 26.01
Cases cited: Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia [2015] FCA 9; 325 ALR 213 Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724 Dale v Moses [2007] FCAFC 82 Dale v Western Australia (2011) 191 FCR 521 Fortescue Metals Group v Warrie (2019) 273 FCR 350 Mabo v Queensland (No 2) (1992) 175 CLR 1 McDonald v State of South Australia [2011] FCA 297 Spalla v St George Motor Finance Ltd (ACN 007 656 555) (No 6) [2004] FCA 1699 State Bank of New South Wales Ltd v Stenhouse Ltd (1997) Aust Torts Reports 81-423 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 570 UBS AG v Tyne (2018) 265 CLR 77 Western Australia v Fazeldean (No 2) (2013) 211 FCR 150 Western Australia v Sebastian (2008) 173 FCR 1 Wyman on behalf of the Bidjara People v State of Queensland [2016] FCA 777 Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422
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