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 (No 2) [2022] FCA 959 File number: WAD 266 of 2020
Judgment of: BROMBERG J
Date of judgment: 19 August 2022
Catchwords: PRACTICE AND PROCEDURE – dismissal of application for default under r 5.22(d) of the Federal Court Rules 2011 (Cth)
Legislation: Federal Court Rules 2011 (Cth) rr 1.32, 1.40, 5.22 and 5.23 Native Title Act 1993 (Cth) ss 61(1) and 66B
Cases cited: Smith on behalf of the Wati Tjilpi Ku on behalf of the Yilka Sullivan Edwards People v State of Western Australia [2022] FCA 581
Division: General Division
Registry: Western Australia
National Practice Area: Native Title
Number of paragraphs: 8
Date of hearing: Determined on the papers
Solicitor for the Applicant: ESJ Law
Solicitor for the State of Western Australia: State Solicitor's Office
ORDERS WAD 266 of 2020
BETWEEN: SMITH ON BEHALF OF THE WATI TJILPI KU ON BEHALF OF THE YILKA SULLIVAN EDWARDS PEOPLE Applicant
AND: STATE OF WESTERN AUSTRALIA Respondent
order made by: BROMBERG J DATE OF ORDER: 19 August 2022
THE COURT ORDERS THAT:
1. The originating application be dismissed. 2. Unless an order for the respondent's costs is made in furtherance of an application for costs made by the respondent within 7 days hereof, there be no order for costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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