Federal Court of Australia
Federal Court of Australia
Gardiner v Taungurung Land and Waters Council (No 2) [2021] FCA 253 File number(s): VID 384 of 2020
Judgment of: MORTIMER J
Date of judgment: 19 March 2021
Catchwords: NATIVE TITLE – jurisdiction of the Federal Court to remove an Indigenous Land Use Agreement from register of ILUAs where Court has found jurisdictional error in decision of Registrar – whether s 199C of Native Title Act 1993 (Cth) impediment – s 85A of the Native Title Act not applicable to orders for costs
Legislation: Administrative Decisions (Judicial Review) Act 1997 (Cth) Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Native Title Act 1993 (Cth) ss 199C, 85A
Cases cited: Burragubba v State of Queensland [2015] FCA 1163; 236 FCR 160 Gardiner v Taungurung Land and Waters Council [2021] FCA 80 Kimberley Land Council Aboriginal Corporation v Williams (No 2) [2018] FCA 2058 McGlade v Native Title Registrar (No 2) [2017] FCAFC 84 McGlade v South West Aboriginal Land & Sea Aboriginal Corporation (No 2) [2019] FCAFC 238; 374 ALR 329 Murray v Registrar of Native Title Tribunal [2003] FCA 45
Division: General Division
Registry: Victoria
National Practice Area: Native Title
Number of paragraphs: 21
Date of last submission/s: 9 March 2021
Date of hearing: Determined on the papers
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