Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lewis on behalf of the Nyalpa Pirniku Native Title Claim Group v State of Western Australia [2023] FCA 1294 File number(s): WAD 91 of 2019
Judgment of: CHEESEMAN J
Date of judgment: 31 October 2023
Catchwords: NATIVE TITLE – application for consent determination – where the Court is satisfied that the order is consistent with the terms of the agreement reached for the purposes of s 87 of the Native Title Act 1993 (Cth) - whether order is within the power of the Court – whether the Court is satisfied that it is appropriate to make the order sought – Held: native title determination made.
Legislation: Federal Court of Australia Act 2011 (Cth) ss 37M, 37N Native Title Act 1993 (Cth) ss 61(1), 62A, 66, 67(1) 87(1) – (2), 94A, 225 Native Title Amendment Act 2009 (Cth)
Cases cited: Agius v South Australia (No 6) [2018] FCA 358 Billy Patch & Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 Cronin on behalf of the Butchulla People (land & sea claim #2) v State of Queensland [2019] FCA 2082 Freddie v Northern Territory [2017] FCA 867 Goonack v State of Western Australia [2011] FCA 516 Harrington-Smith v Western Australia (No.9) [2007] FCA 31; 238 ALR 1 Hobbs on behalf of the Ngurrara D2 Claim Group v Western Australia [2020] FCA 624 KD (deceased) on behalf of the Mirning People v Western Australia [2021] FCA 10 King on behalf of the Eringa Native Title Claim Group v South Australia [2011] FCA 1386 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Members of the Yorta Yorta Aboriginal Community v State of Victoria [2002] HCA 58; 214 CLR 422 Mooney on behalf of the Yuwibara People and State of Queensland [2020] FCA 170 Murray on behalf of the Yilka Native Title Claimants v State of Western Australia (No.5) [2016] FCA 752 Narrier v State of Western Australia [2016] FCA 1519 Sharpe v State of Western Australia [2013] FCA 599 Strickland on behalf of the Maduwongga Claim Group v State of Western Australia [2023] FCA 270 Thudgari People v State of Western Australia [2009] FCA 1334 Watson v Western Australia (No 6) [2014] FCA 545 Western Bundjalung People v Attorney General of New South Wales [2017] FCA 992 Wurrunmurra on behalf of the Bunuba People v State of Western Australia [2015] FCA 1480
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