Federal Court of Australia
Federal Court of Australia
Gilla on behalf of the Yugunga-Nya People v State of Western Australia (No 2) [2021] FCA 1174 File number: WAD 29 of 2019
Judgment of: MORTIMER J
Date of judgment: 28 September 2021
Catchwords: NATIVE TITLE – overlap between two applications for determination of native title – interlocutory application seeking summary dismissal or strike out of overlapping claim – where parties disagree as to appropriate course for dealing with interlocutory application – application adjourned to trial of joint proceedings
Legislation: Federal Court of Australia Act 1976 (Cth) Native Title Act 1993 (Cth)
Cases cited: Atkins on behalf of the Gingirana People v Western Australia [2017] FCA 1465 Federal Court of Australia Act 1976 (Cth) Gill on behalf of the Yugunga-Nya People v State of Western Australia [2021] FCA 952 Hazelbane v Northern Territory of Australia [2008] FCA 291 Laing v State of South Australia [2012] FCA 676 Lawson on behalf of the Badimaya Barna Guda People v State of Western Australia [2020] FCA 104 Reid v State of South Australia [2007] FCA 1479 Smirke on behalf of the Jurruru People v State of Western Australia (No 3) [2021] FCA 112 Taylor on behalf of the Yamatji Nation Claim v State of Western Australia [2020] FCA 42 Thomas v State of South Australia [2004] FCA 951 Williams v Grant [2004] FCAFC 178
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