Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Weetra-Height on behalf of the Nauo People v State of South Australia [2023] FCA 454 File number(s): SAD 65 of 2022 SAD 185 of 2021
Judgment of: O'BRYAN J
Date of judgment: 15 May 2023
Catchwords: NATIVE TITLE – consent determination of native title under s 87 of the Native Title Act 1993 (Cth)
Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Federal Court of Australia Act 1976 (Cth), ss 37M, 37N Native Title Act 1993 (Cth), Pt 2, Div 3, ss 24EBA, 55, 56, 57, 59, 66, 87, 94A, Pt 8, 223(1)(c), 225 Native Title (Prescribed Body Corporate) Regulations 1999 (Cth), reg 4 Harbors and Navigation Act 1993 (SA), s 15(1)(a)
Cases cited: Agius v State of South Australia (No 6) [2018] FCA 358 Brown v Northern Territory of Australia [2015] FCA 1268 Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724 Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia (No 4) [2021] FCA 1497 Freddie v Northern Territory [2017] FCA 867 Hayes on behalf of the Thalanyji People v State of Western Australia [2008] FCA 1487 Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365 James on behalf of the Martu People v State of Western Australia [2002] FCA 1208 Kelly on behalf of the Byron Bay Bundjalung People v NSW Aboriginal Land Council [2001] FCA 1479 King (on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Claim Group) v State of South Australia [2011] FCA 1387 Lander v State of South Australia [2012] FCA 427 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Mulardy, on behalf of the Birriman-gan Native Title Claim Group v State of Western Australia (No 2) [2022] FCA 276 Munn for and on behalf of the Gunggari People v State of Queensland (2001) 115 FCR 109 Prior on behalf of the Juru (Cape Upstart People) v State of Queensland (No 2) [2011] FCA 819 Wilson on behalf of the Wirangu People and Weetra on behalf of the Nauo People v South Australia [2023] FCA 60 Wilson on behalf of the Wirangu People v South Australia (No 2) [2022] FCA 1460 Wilson on behalf of the Wirangu People v South Australia [2022] FCA 829 Yaegl People #2 v Attorney General of New South Wales [2017] FCA 993
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