Federal Court of Australia
Federal Court of Australia
Davey on behalf of the Gudanji, Yanyuwa and Yanyuwa-Marra Peoples v Northern Territory of Australia (No 2) [2023] FCA 455 File number: NTD 25 of 2020
Judgment of: BANKS-SMITH J
Date of judgment: 3 April 2023
Date of publication of reasons: 11 May 2023
Catchwords: NATIVE TITLE - McArthur River Project Compensation Claim - access to mine and other sites within compensation claim area for taking evidence on country - power to order access and inspection - exercise of discretion - orders made
Legislation: Evidence Act 1995 (Cth) s 53 Native Title Act 1993 (Cth) ss 61, 82, 87 Federal Court Rules 2011 (Cth) rr 14.01, 14.03, 14.07, 34.102, 34.120, 34.127, Division 34.7
Cases cited: Dempsey on behalf of the Bularnu, Waluwarra and Wangkayujuru People v State of Queensland (No 2) [2014] FCA 528 Jango v Northern Territory of Australia [2006] FCA 318; (2006) 152 FCR 150 Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 2) [2015] FCA 429 Narrier v State of Western Australia [2016] FCA 1519 Ngajapa v Northern Territory of Australia [2015] FCA 1249 Northern Territory v Griffiths (deceased) on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7; (2019) 269 CLR 1 The Alyawarr, Kaytetye, Warumungu, Wakay Native Title Claim Group v Northern Territory of Australia [2004] FCA 472
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