Federal Court of Australia
Federal Court of Australia
Little v Wajarri Yamaji Aboriginal Corporation RNTBC [2024] FCA 778 Appeal from: Terrence Harold Little and Another v Wajarri Yamaji Aboriginal Corporation RNTBC and Another [2023] NNTTA 26
File numbers: WAD 246 of 2023
Judgment of: JACKSON J
Date of judgment: 16 July 2024
Catchwords: NATIVE TITLE - appeal from Native Title Tribunal under s 169 of Native Title Act 1993 (Cth) - appeal only on question of law - application for summary judgment by respondent - no error of law identified by appellants - appeal summarily dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) s 31A Migration Act 1958 (Cth) ss 486I, 486K Native Title Act 1993 (Cth) ss 29, 31, 32, 36, 38, 148, 169 Federal Court Rules 2011 (Cth) rr 26.01, 33.30 Aboriginal Cultural Heritage Act 2021 (WA) (repealed) Mining Act 1978 (WA) 50 Vic n. 18 (Goldfields Act) 1886 (Imp)
Cases cited: Ascic v Comcare [2022] FCA 1245 Brown v Repatriation Commission (1985) 7 FCR 302 Dann obh of Wajarri Yamatji People (Part D) v State of Western Australia [2021] FCA 867 Quach v Commissioner of Taxation [2019] FCA 1729 Wajarri Yamaji Aboriginal Corporation RNTBC v Terrence Harold Little and Lucas Ronald Marcinowski Menzel and Another [2022] NNTTA 34 Western Australia v Ward (1996) 70 FCR 265 Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia [2020] FCAFC 64; (2020) 276 FCAFC 53
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