Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Austin on behalf of the Eastern Maar People v State of Victoria [2023] FCA 237 File number(s): VID 21 of 2019
Judgment of: MURPHY J
Date of judgment: 28 March 2023
Catchwords: NATIVE TITLE – consent determination of native title under s 87A of the Native Title Act 1993 (Cth)
Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Native Title Act 1993 (Cth) ss 13, 47, 47A, 47B, 47C, 55, 56, 57, 57(2), 64(2A), 66, 67(1), 68, 81, 87, 87A, 87A(1), 87A(2), 87A(3), 87A(4), 87A(8), 94A, 223, 223(1), 225 Traditional Owner Settlement Act 2010 (Vic) ss 1, 3 Native Title Legislation Amendment Bill 2020 (Cth)
Cases cited: Agius v South Australia (No 6) [2018] FCA 358 Attorney-General (NT) v Ward [2003] FCAFC 283; 134 FCR 16 Bright v Northern Land Council [2018] FCA 752 Brown v Northern Territory [2015] FCA 1268 Eagles on behalf of the Combined Thiin-Mah, Warriyangka, Tharrkari and Jiwarli People v Western Australia [2019] FCA 508 Holborrow on behalf of the Yaburara & Mardudhunera People v State of Western Australia (No 3) [2018] FCA 1108 Kynuna on behalf of the Bar Barrum People No 5 v Queensland [2016] FCA 1504 Lovett on behalf of the Gunditjmara People and Others v Victoria (No 5) [2011] FCA 932 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Malone on behalf of the Western Kangoulu People v State of Queensland [2021] FCAFC 176; 287 FCR 240 Members of Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58; 214 CLR 422 Munn for and on behalf of the Gunggari People v Queensland [2001] FCA 1229; 115 FCR 109 Phyball v Attorney-General (NSW) [2014] FCA 851 Smith v Western Australia [2002] FCA 1249; 104 FCR 494 Ward, on behalf of the Pila Nature Reserve Traditional Owners v Western Australia [2022] FCA 689 Western Australia v Ward, Attorney-General (NT) v Ward, Ningarmara v Northern Territory, Ward v Crosswalk Pty Ltd [2002] HCA 28; 213 CLR 1 Western Bundjalung People v Attorney-General (NSW) [2017] FCA 992 Yaegl People #1 v Attorney General (NSW) [2015] FCA 647
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