Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Walalakoo Aboriginal Corporation RNTBC v State of Western Australia [2023] FCA 1181 File number: WAD 214 of 2022
Judgment of: BROMBERG J
Date of judgment: 5 October 2023
Catchwords: NATIVE TITLE — Native Title Act 1993 (Cth) – application for variation of native title determinations to include names of additional apical ancestors and substitute the name of one apical ancestor – whether application validly made – whether the requirements of s 13(5) of the Act are satisfied – whether it is necessary for the requirements of s 87 of the Act to be met and if so whether those requirements have been satisfied – application granted.
Legislation: Native Title (Prescribed Body Corporate) Regulations 1999 (Cth), regs 8, 9 Native Title Act 1993 (Cth) ss 13(1)(b), 13(5), 56(2)(b), 61(1), 87 Native Title Legislation Amendment Act 2021 (Cth)
Cases cited: Davey on behalf of the Mayala #2 Native Title Claim Group v State of Western Australia [2019] FCA 1137 Eagles on behalf of the Combined Thiin-Mah, Warriyangka, Tharrkari and Jiwarli People v Western Australia [2019] FCA 508 Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801 Karlka Nyiyaparli Aboriginal Corporation RNTBC v State of Western Australia [2021] FCA 9 Mouda on behalf of the Joombarn-Buru Native Title Claimants v State of Western Australia [2021] FCA 1233 Mulardy on behalf of the Birriman-gan Native Title Claim Group v State of Western Australia [2019] FCA 2119 Robe River Kuruma Aboriginal Corporation RNTBC v State of Western Australia [2021] FCA 20 Shaw on behalf of the Boorroola Moorrool Moorrool Native Title Claim Group v State of Western Australia [2020] FCA 1700 Tarlka Matuwa Piarku (Aboriginal Corporation) RNTBC v State of Western Australia [2017] FCA 40 Top End Aboriginal Corporation RNTBC v Northern Territory of Australia (2022) 403 ALR 666 Warrie (formerly TJ) (on behalf of the Yindjibarndi People) v State of Western Australia (2017) 365 ALR 624 Watson on behalf of the Nyikina Mangala People (Nyikina Mangala #2) v State of Western Australia [2015] FCA 1132 Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545
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