Federal Court of Australia
Federal Court of Australia
Smith on behalf of the Wati Tjilpi Ku on behalf of the Yilka Sullivan Edwards People v State of Western Australia [2022] FCA 581 File number: WAD 266 of 2020
Judgment of: BROMBERG J
Date of judgment: 19 May 2022
Catchwords: NATIVE TITLE – application under s 66B of the Native Title Act 1993 (Cth) to replace the current applicant – whether proposed applicant is authorised in accordance with the requirements of s 66B – where proposed applicant relied upon traditional laws and customs to establish authorisation – where the process for decision-making under traditional laws and customs was in contest – proposed applicant's onus of establishing the traditional laws and customs contended for not discharged – application dismissed
Legislation: Native Title Act 1993 (Cth) Native Title Legislation Amendment Act 2021 (Cth)
Cases cited: Burragubba on behalf of the Wangan and Jagalingou People v State of Queensland [2017] FCA 373 Daniel v State of Western Australia [2002] FCA 1147 Gomeroi People v Attorney General of New South Wales [2017] FCA 1464 Murray on behalf of the Yilka Native Title Claimants v State of Western Australia (No 5) [2016] FCA 752
Division: General Division
Registry: Western Australia
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