Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Papertalk on behalf of the Mullewa Wadjari People v State of Western Australia (No 3) [2024] FCA 1132 WAD 32 of 2018 WAD 611 of 2018 File numbers: WAD 21 of 2019 WAD 28 of 2019 WAD 30 of 2019 WAD 176 of 2019
Judgment of: MURPHY J
Date of judgment: 26 September 2024
Catchwords: NATIVE TITLE – application for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) – three competing claims for native title – separate questions listed for hearing - relevant principles in a summary judgment application – onus of proof – standard of proof – insufficient lay evidence - inadmissible expert report - finding that applicant has no reasonable prospect of success on each separate question
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