Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carter on behalf of the Warrwa People v State of Western Australia (No 2) [2024] FCA 206 File number(s): WAD 33 of 2019
Judgment of: O'BRYAN J
Date of judgment: 8 March 2024
Catchwords: NATIVE TITLE – whether Part D of the proceeding should be summarily dismissed on the ground that the applicant has no reasonable prospect of success – where no evidence adduced having material weight in support of applicant's claim – where applicant has adduced totality of available evidence – applicant unable to progress claim and has no reasonable prospect of successfully prosecuting claim – Part D dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Native Title Act 1993 (Cth) ss 66A, 84 Federal Court Rules 2011 (Cth) rr 5.23, 26.01
Cases cited: Ashby v Commonwealth of Australia (No 2) [2021] FCA 830 Bates on behalf of the Malyangapa Part B Claim Group v Attorney General of New South Wales [2021] FCA 1198 Blakeley v National Australia Bank [2018] FCA 796 Bodney v Bennell (2008) 167 FCR 84 Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia [2015] FCA 1481 Budby on behalf of the Barada Barna People v Queensland [2013] FCAFC 149 Bulabul on behalf of the Kewulyi, Gunduburun and Barnubarnu Groups v Northern Territory of Australia [2017] FCA 461 Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 2) [2018] FCA 978 Carter on behalf of the Warrwa Mawadjala Gadjidgar and Warrwa People Native Title Claim Groups v State of Western Australia [2020] FCA 1702 Fair Work Ombudsman v Austrend International Pty Ltd [2018] FCA 171; 273 IR 439 anson v Burston [2022] FCA 1234 Hazelbane v Northern Territory of Australia [2014] FCA 886 Henwood v Northern Territory of Australia [2017] FCAFC 182 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd (2008) 167 FCR 372 Landers v State of South Australia (2003) 128 FCR 495 Shockthorap v Electricity Network Corporation [2019] FCA 619 Smartec Capital Pty Ltd v Centro Properties Ltd [2011] FCA 716 Spencer v Commonwealth (2010) 241 CLR 118 Starkey v South Australia (2018) 261 FCR 183 Stuart v State of South Australia [2023] FCAFC 131 Tran v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1628 Visscher v Teekay Shipping (Australia) Pty Ltd [2011] FCA 1 Wurrunmurra v State of Western Australia [2012] FCA 1399
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