Federal Court of Australia
Federal Court of Australia
CD (deceased) v State of Western Australia [2021] FCA 734 File number: WAD 242 of 2011
Judgment of: MCKERRACHER J
Date of judgment: 1 July 2021
Catchwords: NATIVE TITLE – removal of party pursuant to s 84(8) of the Native Title Act 1993 (Cth) – circumstances in which the power may be exercised – relevant considerations – where the party is a member of the claim group represented by the applicant – where the party is also a respondent – where the applicant has agreed to consent to dismissal of the proceedings following conclusive registration and settlement of the indigenous land use agreements comprising the South West Settlement
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Native Title Act 1993 (Cth) ss 24EA(l)(b), 84(5), 84(8), 84(9), Pt 8A
Cases cited: Butterworth v Queensland [2010] FCA 325; (2010) 184 FCR 397 Corunna v South West Aboriginal Land and Sea Council [2015] FCA 491; (2015) 235 FCR 40 Johnson v Native Title Registrar [2014] FCA 142 Kelly (on behalf of Byron Bay Bundjalung People) v NSW Aboriginal Land Council [2001] FCA 1479 Parkin on behalf of the Quandamooka People v State of Queensland [2020] FCR 1132 Starkey v South Australia [2011] FCA 456; (2011) 193 FCR 450 Watson v Western Australia (No 5) [2014] FCA 650
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