Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lyndon on behalf of the Budina 2 Claim Group v State of Western Australia [2021] FCA 134 File number: WAD 439 of 2019
Judgment of: BANKS-SMITH J
Date of judgment: 26 February 2021
Catchwords: NATIVE TITLE - consent determination of native title - agreement of parties - s 87 of the Native Title Act 1993 (Cth) - role of applicant in native title determination application - authorisation of working group to consent to determination - where question as to efficacy of authorisation of working group rather than applicant - whether interests of justice favour making of native title determination regardless of any defect in authorisation - exercise of power under s 84D of the Native Title Act - consent determination made
Legislation: Native Title Act 1993 (Cth) ss 13, 24CA, 24CD, 56, 61, 62, 62A, 66, 66B, 67, 68, 84D, 87, 94A, 190A, 190B, 190C, 223, 225, 251B, 253
Cases cited: Ankamuthi People v State of Queensland [2002] FCA 897; (2002) 121 FCR 68 Carter on behalf of the Warrwa Mawadjala Gadjidgar and Warrwa People Native Title Claim Groups v State of Western Australia [2020] FCA 1702 Clancy on behalf of the Auburn Hawkwood People and State of Queensland [2019] FCA 1908 Daniel v State of Western Australia [2002] FCA 1147 Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia [2019] FCA 655 Freddie v Northern Territory [2017] FCA 867 Gomeroi People v Attorney-General of New South Wales [2016] FCAFC 75; (2016) 241 FCR 301 Hayes on behalf of the Thalanyji People v State of Western Australia [2008] FCA 1487 Lyndon on behalf of the Budina People v State of Western Australia [2017] FCA 1214 McGlade v Native Title Registrar [2017] FCAFC 10; (2017) 251 FCR 172 Pacey on behalf of the Gumbaynggirr People and Attorney General of New South Wales [2019] FCA 1916 Peck on behalf of the Gnulli Native Title Claim Group v State of Western Australia [2019] FCA 2090 Roe v Kimberley Land Council Aboriginal Corporation [2010] FCA 809; (2010) 215 FCR 131 Shaw on behalf of the Boorroola Moorrool Moorrool Native Title Claim Group v State of Western Australia [2020] FCA 1700 Thudgari People v State of Western Australia [2009] FCA 1334 Tigan v State of Western Australia [2010] FCA 993; (2010) 188 FCR 533 Widjabul Wia-Bal v Attorney General of New South Wales [2020] FCAFC 34 William on behalf of the Gumbaynggirr People and Attorney General of New South Wales [2019] FCA 1915
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