Federal Court of Australia
Federal Court of Australia
Mulardy, on behalf of the Birriman-gan Native Title Claim Group v State of Western Australia (No 2) [2022] FCA 276 File number: WAD 541 of 2018
Judgment of: BANKS-SMITH J
Date of judgment: 16 March 2022
Date of publication of reasons: 24 March 2022
Catchwords: NATIVE TITLE - where consent determination made in December 2019 included orders suspending operation pending appointment of prescribed body corporate to hold native title - failure of common law holders to nominate prescribed body corporate despite successive extensions of time and mediation - appropriate process under s 56 and s 57 of the Native Title Act 1993 (Cth) - whether the Indigenous Land and Sea Corporation should be appointed - determination under s 56(2)(c) that common law holders hold native title pending process under s 57(2) - orders made to invoke steps under s 57(2)
Legislation: Native Title Act 1993 (Cth) ss 55, 56, 57
Cases cited: Drury on behalf of the Nanda People v State of Western Australia [2020] FCAFC 69; (2020) 276 FCR 203 Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia (No 4) [2021] FCA 1497 Mulardy, on behalf of the Birriman-gan Native Title Claim Group v State of Western Australia [2019] FCA 2119
Division: General Division
Registry: Western Australia
National Practice Area: Native Title
Number of paragraphs: 33
Date of hearing: Determined on the papers
Solicitor for the Applicant: Ms JM Toohey of the Kimberley Land Council Aboriginal Corporation
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate