Federal Court of Australia
Federal Court of Australia
Smith on behalf of the Single Noongar Claim Group v State of Western Australia [2021] FCA 252 File number: WAD 580 of 2019
Judgment of: MCKERRACHER J
Date of judgment: 19 March 2021
Catchwords: NATIVE TITLE – application for leave to discontinue compensation claim – leave required pursuant to r 26.12(4) of the Federal Court Rules 2011 (Cth) – where no active steps have been taken pending the outcome of applications for special leave to appeal from McGlade v South West Aboriginal Land & Sea Corporation (No 2) [2019] FCAFC 238 – where special leave was refused and Indigenous Land Use Agreements registered
Legislation: Native Title Act 1993 (Cth) ss 84D(4), 85A(1), 251B(a) Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 26.12(2)(c), 26.12(4)
Cases cited: Bonner on behalf of the Jagera Yagara Gurrangnam v State of Queensland [2021] FCA 35 McGlade v South West Aboriginal Land & Sea Aboriginal Corporation (No 2) [2019] FCAFC 238; (2019) 374 ALR 329 Yarran v South West Aboriginal Land & Sea Council Aboriginal Corporation [2020] HCATrans 202
Division: General Division
Registry: Western Australia
National Practice Area: Native Title
Number of paragraphs: 19
Date of last submission/s: 2 March 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr D Stevenson
Solicitor for the Applicant: ESJ Law
Counsel for the Respondent: Mr D Gorman
Solicitor for the Respondent: State Solicitor's Office
ORDERS WAD 580 of 2019
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