Federal Court of Australia
Federal Court of Australia
Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia (No 4) [2021] FCA 1497 File number(s): WAD 41 of 2019 WAD 569 of 2019
Judgment of: MORTIMER J
Date of judgment: 29 November 2021
Catchwords: NATIVE TITLE – appointment of prescribed body corporate to hold native title – failure of common law holders to nominate prescribed body corporate – process under s 56 and s 57 of the Native Title Act 1993 (Cth) – appropriateness of further meeting to nominate prescribed body corporate – appropriateness of appointment of the Indigenous Land and Sea Corporation – determination that common law holders hold native title pending process under s 57
Legislation: Federal Court of Australia Act 1976 (Cth), s 37M Native Title Act 1993 (Cth), ss 55, 56, 57, 59 Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth), rr 3, 4, 11
Cases cited: Drury on behalf of the Nanda People v State of Western Australia [2020] FCAFC 69; 276 FCR 203 Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia [2019] FCA 655; 369 ALR 324 Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia [2020] FCA 929 Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia (No 3) [2021] FCA 1131
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