Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Weetra on behalf of the Nauo People v State of South Australia [2022] FCA 828 File number: SAD 188 of 2016
Judgment of: O'BRYAN J
Date of judgment: 19 July 2022
Catchwords: NATIVE TITLE – interlocutory application for removal of respondents pursuant to s 84(8) of the Native Title Act 1993 (Cth) – where respondents' interests in the proceeding stated at a high level of generality – where only identifiable source of respondents' interests in the proceeding is as Barngarla people – where previous application for a native title determination on behalf of the Barngarla people dismissed in so far as it related to the claim area now the subject of this proceeding – where proceeding otherwise likely to progress toward a consent determination – where strong likelihood that respondents would impede potential resolution of the proceeding if they remained respondents – application for removal allowed
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Native Title Act 1993 (Cth) ss 61, 66, 84, 253 Aboriginal Heritage Act 1988 (SA)
Cases cited: Butterworth on behalf of Wiri Core Country Claim v State of Queensland (2010) 184 FCR 397 Byron Environment Centre Inc v Arakwal People (1997) 78 FCR 1 CD (deceased) v State of Western Australia [2021] FCA 734 Chippendale on behalf of Wuthathi People No 2 v Queensland [2012] FCA 310 Croft on behalf of Barngarla Native Title Claim Group v State of South Australia (Port Augusta Proceeding) [2020] FCA 888 Croft on behalf of the Barngarla Native Title Claim Group v South Australia [2015] FCA 9; 325 ALR 213 Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724 Gomeroi People v Attorney General of New South Wales [2013] FCA 81 Lewis on behalf of the Warrabinga-Wiradjuri People #7 v Attorney General of New South Wales (No 2) [2021] FCA 1269 McNamara (Barngarla Southern Eyre Peninsula Native Title Claim) v State of South Australia [2020] FCA 1875 Starkey v South Australia (2011) 193 FCR 450 TR (Decd) on behalf of Kariyarra - Pipingarra People v State of Western Australia [2016] FCA 1158 Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 5) [2014] FCA 650 Wilson on behalf of the Wirangu People v South Australia [2022] FCA 829
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