Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Austin on behalf of the Eastern Maar People v State of Victoria (No 2) [2024] FCA 266 File number(s): VID 21 of 2019
Judgment of: MURPHY J
Date of judgment: 21 March 2024
Catchwords: NATIVE TITLE – consent determination of native title under s 87A of the Native Title Act 1993 (Cth)
Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) ss 56, 57 Native Title Act 1993 (Cth) ss 13, 47C, 64, 67, 68, 81, 87A, 94A, 223, 225
Cases cited: Agius v South Australia (No 6) [2018] FCA 358 Attorney-General (NT) v Ward [2003] FCAFC 283; 134 FCR 16 Austin on behalf of the Eastern Maar People v State of Victoria [2023] FCA 237 Kynuna on behalf of the Bar Barrum People #5 v Queensland [2016] FCA 1504 Lovett on behalf of the Gunditjmara People and Others v Victoria (No 5) [2011] FCA 932 Members of Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58; 214 CLR 422
Division: General Division
Registry: Victoria
National Practice Area: Native Title
Number of paragraphs: 44
Date of hearing: Determined on the papers
Solicitor for the Applicant: Mr R Thwaites of First Nations Legal & Research Services
Counsel for the Respondent: Mr P Willis SC and Dr L Hilly
Solicitor for the Respondent: Victorian Government Solicitor's Office
ORDERS VID 21 of 2021
BETWEEN: JANICE AUSTIN AND OTHERS ON BEHALF OF THE EASTERN MAAR PEOPLE Applicant
AND: STATE OF VICTORIA and others named in the Schedule Respondent
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