Aplin vs Qld [2010] FCA 625
Dowsett J 18 June 2010
Ashwin v Minara Resources Ltd [2006] WASC 75
Master Sanderson 10 May 2006
The issues considered in this matter included:
the proper plaintiff in proceedings brought in the Supreme Court of Western Australia on behalf of a native title claim group to enforce a future act a More...
Ashwin v Western Australia (No 2) [2010] FCA 1472
Siopis J 23 December 2010
The State of Western Australia sought dismissal of a claimant application made pursuant to s. 61 of the Native Title Act 1993 (Cwlth) (NTA) on behalf of the Wutha People for lack of authorisation. Part More...
Atkinson v Minister for Lands NSW [2010] FCA 1073
Jagot J 01 October 2010
The main issue was whether to dismiss two claimant applications pursuant to s. 94C given that, in more than five years, the applicants had filed no evidence despite being ordered to do so by the Federa More...
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Banks v Western Australia [2009] FCA 703
Gilmour J 15 June 2009
The issue was whether the Federal Court, of its own motion, should dismiss the Jiddngarri claimant application pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (the NTA). The application was More...
Barunga v Western Australia [2011] FCA 518
Gilmour J 26 May 2011
The main issues before the Federal Court were whether to make a determination recognising native title exists under the Native Title Act 1993 (Cwlth) (NTA) in a case where there may be a defect in the More...
Beattie v Queensland [2007] FCA 596
Kiefel J 27 April 2007
The issue in this case was whether a claimant application should be struck out pursuant to s. 84C of the Native Title Act 1993 (Cwlth) (NTA). The court decided to do so. More...
Bell v Queensland [2008] FCA 840
Collier J 03 June 2008
The issue for the Federal Court was whether to extend time for compliance with orders made almost a year earlier in relation to the Barunggam People’s claimant application over part of the Darling Down More...
Bennell v Western Australia [2004] FCA 228
French J 12 March 2004
This decision deals with applications:
to vacate trial dates in relation to part of the area covered by a claimant application known as the Single Noongar Claim (Area 1); and
for orders that a me More...
Bennell v Western Australia [2004] FCAFC 338
Wilcox, French and Finn JJ 23 December 2004
This case deals with a special regional case management conference held for 13 native title determination applications in the South West of Western Australia. One part of one of the areas subject to cl More...
Bennell v Western Australia [2008] FCA 1633
Siopis J 05 November 2008
The issue before the court was whether the former representative body for the area, the Noongar Land Council, retained a sufficient interest to remain as a party to a claimant application (known as the More...
Bennell v Western Australia [2006] FCA 1243
Wilcox J 19 September 2006
The Federal Court dealt with three preliminary issues in a separate proceeding relating to six claimant applications in the south-west of Western Australia made under s. 61(1) of the Native Title Act 1 More...
Bidjara People #2 v Queensland [2003] FCA 324
Ryan J 07 April 2003
This decision concerned a decision by the Federal Court to accede to an application under s. 84(5) of the Native Title Act 1993 (Cwlth) (NTA) by a member of a native title claim group to be joined as a More...
Birri Gubba v Queensland [2003] FCA 276
Drummond J 28 March 2003
The issue before the Federal Court was whether two commercial fishermen, who sought to be joined as respondents and who may have been acting unlawfully by fishing in a national park, had an interest th More...
Bodney v Bennell [2008] FCAFC 63
Finn, Sundberg and Mansfield JJ 23 April 2008
This case concerns four appeals against the judgment of Justice Wilcox in Bennell v Western Australia [2006] FCA 1243 (Bennell), summarised in Native Title Hot Spots Issue 21. The main issue before the More...
Bodney v Bennell [2007] FCAFC 11
Finn J, 16 February 2007
The question before the court in this case was whether a group of respondents holding pastoral interests should be granted leave to intervene in an appeal against a decision of Justice Wilcox in relati More...
Bodney v Bropho [2004] FCAFC 226
Spender, Branson and Stone JJ 24 August 2004
This decision relates to whether the judge at first instance properly exercised the discretion available under s. 84C of the Native Title Act 1993 (Cwlth) (NTA) to strike-out certain claimant applicati More...
Bodney v Western Australia [2003] FCA 890
Wilcox J 25 August 2003
The Federal Court was asked to strike out five claimant applications (the Bodney applications) on the basis that those applications did not comply with the requirements of s. 61 of the Native Title Act More...
Bolton v Western Australia [2002] FCA 1087
Conti J 02 September 2002
In this case, directions were sought for the preservation of evidence in advance of the substantive hearing of the relevant claimant applications. One of the issues was whether the directions should re More...
Bonner v Queensland [2011] FCA 321
Reeves J 06 April 2011
The Federal Court was asked to join three people as respondents under s. 84(5) of the Native Title Act 1993 (Cwlth) (NTA). The court joined one as a respondent but deferred ruling on the application of More...
Booth v Queensland [2003] FCA 418
Tamberlin J 09 May 2003
The question in this case was the applicant was authorised by the native title claim group to make a claimant application on their behalf. It was found that the applicant was not and so the application More...
Branfield v Wharton [2004] FCAFC 164
Ryan, Finn and North JJ 21 May 2004
The applicants sought (among other things) leave to appeal against Justice Emmett’s decision to dismiss their application to strike out a claimant application made by Wayne Wharton on behalf of the Koo More...
Brown v South Australia [2009] FCA 206
Besanko J 12 March 2009
The main issue before the Federal Court was whether a claimant application should be struck out under s. 84C(1) of the Native Title Act 1993 (Cwlth) (NTA) on the grounds that:
the native title claim More...
Brown v South Australia [2010] FCA 875
Mansfield J 13 August 2010
In this case, the Federal Court decided that respondents with mining interests could not insist, as a matter of law, on the inclusion in a native title determination of a term as to how any compensatio More...
Brown v Western Australia [2007] FCA 1025
Bennett J 30 May 2007
The issue in this case was whether the Federal Court should make a determination under the Native Title Act 1993 (Cwlth) (NTA) recognising the existence of native title over certain areas subject to se More...
Brown v Western Australia (No 2) [2003] FCA 556
French J 04 June 2003
The Federal Court considered whether the requirements of the Native Title Act 1993 (Cwlth) (NTA) and the Native Title (Prescribed Body Corporate) Regulations 1999 (the Regulations) were met in this cas More...
Brownley v Minara Resources Ltd [2006] WASC 93
Master Sanderson 25 May 2006
This case dealt with an application by Minara Resources Ltd (the company) in the Supreme Court of Western Australia to:
stay an action (the main proceedings) brought by Elvis Stokes and others (the More...
Budby v Queensland [2010] FCA 1017
Collier J 15 September 2010
The main issue for the Federal Court was whether the Wiri Cultural Heritage and Community Development Corporation (the corporation) should cease to be a respondent party to a claimant application pursu More...
Bullen v Western Australia [2002] FCA 992
Gyles J 08 August 2002
The issue for the Federal Court in this case was whether to accede to an application made behalf of two applicants and the State of Western Australia to vacate trial dates and otherwise significantly a More...
Bullen v Western Australia [2002] FCA 1107
Gyles J 06 September 2002
There were competing submissions before the Federal Court as to nature of the orders to be made in connection with a proposed hearing in 2003 to take evidence to be preserved in advance of the substant More...
Bullen v Western Australia [2010] FCA 900
Siopis J 20 August 2010
In this case, the two persons comprising the applicant for a registered claimant application were deceased. The State of Western Australia granted two mining leases in relation to the area covered by t More...
Bullen v Western Australia (No 2) [2010] FCA 1206
Siopis J 29 September 2010
The issue before the Federal Court was whether to make an order for costs in circumstances where an applicant had successfully sought a declaration in relation to the construction of certain provisions More...
Butchulla People v Queensland [2006] FCA 1063
Kiefel J 18 August 2006
The issue before the Federal Court was whether to make orders to replace the applicant for the Butchulla People’s claimant application under s. 66B(2) of the Native Title Act 1993 (Cwlth)(NTA). More...
Button v Chapman [2003] FCA 861
Kiefel J 20 August 2003
The question in this case was whether a lack of unanimity as between those persons authorised to represent a native title claim group constitutes an abuse of the Federal Court’s process. More...
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Cameron/Hoolihan/Queensland [2005] NNTTA 84
Sosso M 16 November 2005
Among other things, this Tribunal determination dealt with:
where certain agreements were made prior to a s. 35 application being lodged under the Native Title Act 1993 (NTA), did s. 37 prohibit the More...
Champion (No 2) v Western Australia [2011] FCA 345
McKerracher J 12 April 2011
The issue was whether the Federal Court should, of its own motion, dismiss the Kalamaia claimant application pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (NTA). The motion to dismiss was More...
Champion v Western Australia [2009] FCA 1141
McKerracher J 07 October 2009
The issues in this case included whether the applicant was authorised to exercise the right available under s. 64(1A) of the Native Title Act 1993 (Cwlth) (NTA) to substantially reduce the area covered More...
Champion v Western Australia [2009] FCA 941
McKerracher J 24 August 2009
The issue in this case was whether the Federal Court should, of its own motion, dismiss a claimant application in the Goldfields region (the Gubrun application) pursuant to s. 190F(6) of the Native Tit More...
Chapman v Queensland [2007] FCA 597
Kiefel J 27 April 2007
The issue in this case was whether the Federal Court could make orders:
to remove three people from the group constituting ‘the applicant’ for a claimant application made under s. 61 of the Native More...
Charlie v Cape York Land Council [2006] FCA 1418
Greenwood J 31 October 2006
The main issue in this case was whether an interim injunction restraining a native title representative body from holding a meeting to authorise amendments to a claimant application should be made. Fin More...
Cheedy v Western Australia [2010] FCA 1305
Gilmour J 25 November 2010
The issue was whether to stay two future act determinations of the National Native Title Tribunal (the Tribunal) under s. 38 of the Native Title Act 1993 (Cwlth) (NTA) and a Federal Court order dismiss More...
Close v Minister for Lands (NSW) [2007] FCA 1847
Branson J 29 November 2007
The issue was whether the court should make orders pursuant to s. 87 of the Native Title Act 1993 (Cwlth) (NTA) in terms of the consent orders sought. It was decided that it was appropriate to do so. T More...
Colbung v Western Australia [2003] FCA 774
Finn J 29 July 2003
This decision deals with an application under s. 84C of the Native Title Act 1993 (Cwlth) (NTA) to strike out two claimant applications because they did not comply with the requirements of s. 61(1), i. More...
Collard v Western Australia [2008] FCA 1562
Gilmour J 13 October 2008
The issue in this case was whether the Federal Court should, of its own motion, dismiss five unregistered claimant applications pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (NTA). The co More...
Commonwealth v Clifton [2007] FCAFC 190
Branson, Sundberg and Dowsett JJ 06 December 2007
The issue in these appeal proceedings was whether the Federal Court could make a determination of native title in favour of a person:
who did not have a claimant application made under the Native Ti More...
Connelly v Queensland [2009] FCA 1181
Dowsett J 11 August 2009
In this case, the court joined Queensland South Native Title Services Ltd (QSNTS), which had formerly represented the applicant in the Mitakoodi and Mayi People #1 claimant application, as a respondent More...
Corunna v Western Australia [2010] FCA 1113
Siopis J 14 October 2010
The Federal Court was asked to make an order under s. 84D(1) of the Native Title Act 1993 (Cwlth) (NTA) requiring those who made a claimant application to produce evidence that they were duly authorise More...
Coyne v Western Australia [2009] FCA 533
Siopis J 22 May 2009
This case dealt with an application to replace the applicant in the Wagyl Kaip claimant application. The Federal Court had to decide:
whether there was a traditional decision-making process that mus More...
Coyne v Western Australia [2010] FCA 1052
Siopis J 25 June 2010
The issue was whether the applicants for the Wagyl Kaip and the Southern Noongar claimant applications should be replaced pursuant to an application made under s. 66B(1) of the Native Title Act 1993 (C More...
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Dale v Moses [2007] FCAFC 82
Moore, North and Mansfield JJ 07 June 2007
The main issue in this appeal to the Full Court of the Federal Court was whether the primary judge was right in deciding that the appellants, as a group (called the Wong-Goo-TT-OO), did not hold native More...
Dale v Western Australia [2009] FCA 1201
McKerracher J 23 October 2009
This case concerned an application for the summary dismissal pursuant to Order 20 rule 4 of the Federal Court Rules (FCR) of a claimant application made on behalf of the Wong-Goo-TT-OO. The State of We More...
Dale v Western Australia [2011] FCAFC 46
Moore, North and Mansfield JJ 31 March 2011
These appeal proceedings dealt with whether a claimant application should have been dismissed:• on the grounds of an issue estoppel; and• for substantially similar reasons to those supporting issue est More...
Daniel v Western Australia [2004] FCA 849
RD Nicholson J 02 July 2004
There were a number of issues before the Federal Court relating to a case where two groups—the Ngarluma and the Yinjibarndi—were found to hold native title. This summary deals with the main issues, whi More...
Daniel v Western Australia [2004] FCA 1388
Nicholson J 29 October 2004
The main issue in this case was whether the grant of a lease in April 2002 was either a past or future act, by reference to s. 228 or Subdivision I of Division 3, Part 2 of the Native Title Act 1993 (C More...
Daniel v Western Australia [2005] FCA 178
RD Nicholson J 04 March 2005
There were a number of issues before the Federal Court in respect of a minute of proposed determination of native title. While there were a number of matters agreed between the parties for inclusion, t More...
Daniel v Western Australia [2002] FCA 1147
French J 13 September 2002
This case concerned two applications under s. 66B of the Native Title Act 1993 (Cwlth) (NTA) to replace the applicant in:
the consolidated Ngarluma and Yindjibarndi claim; and
the Yaburara and Mard More...
Daniel v Western Australia [2003] FCA 666
RD Nicholson J 03 July 2003
The question in this case was: Does native title exist over areas of the west Pilbara in Western Australia and adjacent offshore areas and, if so, who holds it? More...
Daniel v Western Australia [2003] FCA 1425
RD Nicholson J 05 December 2003
These are the supplementary reasons of Justice Nicholson addressing submissions on extinguishment made by the parties pursuant to the reasons for decision handed down on 3 July 2003 in Daniel v Western More...
Daniel v Western Australia [2006] FCA 271
RD Nicholson J 21 March 2006
The issue in this case was whether it was appropriate for the court to determine the prescribed body corporate (PBC) to hold the native title rights and interests of the Ngarluma People when there were More...
Dann v Western Australia [2006] FCA 1124
Jacobson A 18 September 2006
The question in this case was whether the Federal Court should make a determination that native title did not exist in relation to the area covered by a non-claimant application made under s. 61(1) of More...
Dann v Western Australia [2011] FCA 99
Barker J 14 February 2011
The issue before the Federal Court was whether to order that the ‘current applicant’ for a claimant application be replaced pursuant to an application made under s. 66B(1) of the Native Title Act 1993 More...
Davidson v Fesl [2005] FCAFC 183
French, Finn and Hely JJ 30 August 2005
This case is about an application to the Full Court of the Federal Court for leave to appeal against:
a grant of leave to discontinue a claimant application;
a refusal to replace the applicant in tha More...
Davidson v Fesl (No 2) [2005] FCAFC 274
French and Finn JJ 23 December 2005
The issue was whether the court should exercise its discretion under s. 85A of the Native Title Act 1993 (Cwlth) (NTA) to make a costs order against the applicants. More...
De Lacey v Juunyjuwarra People [2004] QSC 297
Davies JA, Mackenzie and Mullins JJ 13 August 2004
The main issue before the court was whether the Land and Resources Tribunal (LRT) established under the Mineral Resources Act 1989 (Qld) (the Act) had jurisdiction to determine whether the Starcke Past More...
De Rose v South Australia [2002] FCA 1342
O'Loughlin J 01 November 2002
The question in this case was: Did native title exist in relation to the area claimed? The question was answered in the negative. While the claimants did prove that they retained knowledge of their tra More...
De Rose v South Australia [2003] FCAFC 286
Wilcox ACJ, Sackville and Merkel JJ 16 December 2003
Essentially, the issue before the Full Court of the Federal Court in these appeal proceedings was whether or not the appellants, as a native title claim group, held rights and interests in relation to More...
De Rose v South Australia (No 2) [2005] FCFCA 110
Wilcox, Sackville and Merkel JJ 08 June 2005
The issue before the Full Court of the Federal Court was whether or not the claimants had native title as defined in s. 223(1) of the Native Title Act 1993 (Cwlth) (NTA) to the area covered by their ap More...
Dieri People v South Australia [2002] FCA 187
Mansfield J 31 March 2003
This decision deals with whether:
the filing of particulars of claim amounts to an amendment of an old Act application; and
a statement that the application is made ‘on behalf of the Dieri People’ More...
Dimer/Askins/Western Australia [2006] NNTTA 70
Member O'Dea 08 June 2006
The main issues in this decision were:
whether there was a ‘native title party’ in proceedings brought pursuant to s. 35 of the Native Title Act 1993 (Cwlth) (NTA) in circumstances where all those w More...
Dingaal Tribe v Queensland [2003] FCA 999
Cooper J 17 September 2003
This case concerned an application under s. 66B of the Native Title Act 1993 (Cwlth) (NTA) to replace the applicant in a claimant application. The court made an order to replace the current applicant. More...
Djabugay v Queensland [2004] FCA 1652
Spender J 17 December 2004
This case deals with whether the Federal Court should make a determination recognising the existence of native title over Barron Gorge National Park in north Queensland as proposed in draft determinati More...
Doctor v Queensland [2010] FCA 1406
Collier J 15 December 2010
The issue before the Federal Court was whether to replace the current applicant for a claimant application pursuant to s. 66B(2) of the Native Title Act 1993 (Cwlth) (NTA). More...
Dodd v Queensland [2009] FCA 793
Dowsett J 11 June 2009
The Federal Court was asked to make orders to replace the current applicant and amend the description of the native title claim group in claimant application made under the Native Title Act 1993 (Cwlth More...
Dodd v Queensland (No 2) [2009] FCA 1180
Dowsett J 10 August 2009
The issues before the Federal Court were whether to make an order to replace the applicant for the Wulli Wulli People’s claimant application and whether an earlier decision to allow an amendment to the More...
Doolan v Native Title Registrar [2007] FCA 192
Spender J 23 February 2007
In this review of a registration test decision, the main issue before the Federal Court was whether the term ‘the applicant’ in s. 61 of the Native Title Act 1993 (Cwlth) (NTA) meant ‘all of the person More...
Down/Barnes/Western Australia [2004] NNTTA 91
Deputy President Franklyn 01 October 2004
The question here was whether the grantee party had negotiated in good faith prior to lodging an application under s. 35 for a future act determination under s. 38 of the Native Title Act 1993 (Cwlth) More...
Doyle v Queensland [2007] FCA 1941
Dowsett J 02 November 2007
The issues before the court were whether to join Mr Taylor as a party to proceedings and then, on his motion, order that the proceedings be struck out for failure to comply with the requirements of the More...
Doyle v Queensland (No 2) [2010] FCA 1398
Collier J 08 December 2010
The applicant for the Kalkadoon People #4 claimant application sought orders pursuant to s. 84(8) of the Native Title Act 1993 (Cwlth) (NTA) or O 35(a) r 3(2)(d) of the Federal Court Rules (FCR) that f More...
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Edwards v Santos Limited [2009] FCA 1532
Logan J 18 December 2009
Relief was sought in relation to the grant of petroleum leases under the Petroleum Act 1923 (Qld) because a dispute had arisen between the parties as to whether this would be a pre-existing rights base More...
Edwards v Santos Limited [2010] FCA 34
Collier J 04 February 2010
The issues before the Federal Court were whether to make directions that an application for leave to appeal be referred to a Full Court and that, subject to any contrary direction of the Full Court, th More...
Edwards v Santos Limited [2010] FCAFC 64
Stone, Greenwood and Jagot JJ 04 June 2010
Leave to appeal against summary dismissal was sought. The main issue was whether the appeal had reasonable prospects of success, which involved considering whether the primary judge’s conclusion that L More...
Edwards v Santos Limited [2011] HCA 8
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel and Bell JJ 30 March 2011
The question in this case was whether a writ of certiorari should issue to quash Federal Court orders summarily dismissing an application for a declaration that renewals of an authority to prospect (AT More...
Edwards v Santos Limited (No 2) [2010] FCA 238
Logan J 17 March 2010
The issue in this case was whether the applicants for declaratory and injunctive relief (who were also the ‘registered native title claimant’ for a claimant application) should be ordered to pay costs More...
Evans v Native Title Registrar [2004] FCA 1070
Nicholson J 19 August 2004
The key issue in this case was whether the Native Title Registrar gave proper consideration to the issue of authorisation under one or other of the limbs of s. 251B of the Native Title Act 1993 (Cwlth) More...
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Fesl v Queensland [2005] FCA 120
Spender J 22 February 2005
Can an application under s. 66B of the Native Title Act 1993 (Cwlth) (NTA) be used to ‘regularise’ a claimant application that was not properly authorised at the time it was made? More...
FMG Pilbara Pty Ltd v Cox [2009] FCAFC 49
Spender, Sundberg and McKerracher JJ 30 April 2009
The questions of law before the Full Court of the Federal Court were whether:
negotiations in good faith must have reached a certain stage at the end of the prescribed six-month period before an app More...
Foster v Que Noy [2008] FCAFC 56
Finn, North and Reeves JJ 11 April 2008
The issues before the Full Court of the Federal Court in this case were:
whether to grant leave to appeal against orders made on 22 November 2007 removing Marjorie Foster from the group constituting More...
Foster v Que Noy (No 2) [2008] FCAFC 137
Finn, North and Reeves JJ 24 July 2008
The issue in this case was whether s. 85A of the Native Title Act 1993 (Cwlth) applied to appeal proceedings. It was held that s. 85A did apply and that there was no factor present that would warrant t More...
FQM Australia Nickel Pty Ltd v Bullen [2011] FCAFC 30
North, McKerracher and Jagot JJ 09 March 2011
The Full Court of the Federal Court agreed with the primary judge that, while the names of two deceased people appeared in an entry on the Register of Native Title Claims as ‘the applicant’, they conti More...
Franks v Western Australia [2006] FCA 1811
French J 21 December 2006
The main issues raised in this case are:
the role of the National Native Title Tribunal (the Tribunal) in the mediation of applications referred to it by the Federal Court under s. 86B of the Native More...
Frazer v Western Australia [2003] FCA 351
French J 17 April 2003
This decision relates to directions made by the Federal Court that reflect ‘the proper role of the Tribunal in all phases of the establishment and management of the negotiation timetable’ for the media More...
Freddy v Western Australia [2010] FCA 1158
McKerracher J 26 October 2010
The issue was whether a creditor of a mining company that had made an application for an exploration licence over an area subject to a claimant application should be joined under s. 84(5) of the Native More...
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Gamogab v Akiba [2007] FCAFC 74
Kiefel, Sundberg and Gyles JJ 18 July 2007
This case deals with an appeal to the Full Court of the Federal Court against a decision to dismiss an application to be joined as a party to a claimant application known as the Torres Strait Regional More...
Gia People v Queensland [2008] FCA 1696
Rares J 17 October 2008
In this case, there had been repeated non‐compliance with Federal Court orders in relation to claimant applications made on behalf of the Gia People and the Birri‐Gubba People. Further orders were made More...
Goonack v Western Australia [2011] FCA 516
Gilmour J 23 May 2011
The main issues before the Federal Court were whether to make a determination recognising native title exists under the Native Title Act 1993 (Cwlth) (NTA) in a case where there may be a defect in the More...
Griffiths v Northern Territory [2007] FCAFC 178
French, Branson and Sundberg JJ 22 November 2007
The issues before the Full Court of the Federal Court in these appeal proceedings were whether:
the finding at first instance that the Ngaliwurru and Nungali Peoples’ native title did not amount to More...
Griffiths v Northern Territory [2003] FCA 1177
Mansfield J 31 October 2003
An application was made to the Federal Court to have it determine, as a separate question under Order 29 rule 2 of the Federal Court Rules (FCR), whether s. 47B of the Native Title Act 1993 (Cwlth) (NT More...
Griffiths v Northern Territory [2006] FCA 903
Weinberg J 28 August 2006
The question before the Federal Court in this case was whether native title exists over the land and waters in the vicinity of Timber Creek in the Northern Territory. The main area of contention was th More...
Gumana v Northern Territory [2005] FCA 50
Selway J 07 February 2005
The key issue in this application for a determination of native title was whether the claimants had the right to exclude others from the intertidal zone and from the sea around certain sites of signifi More...
Gumana v Northern Territory [2007] FCAFC 23
French, Finn and Sundberg JJ 02 March 2007
This case deals with two appeals, one dealing with issues arising under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cwlth) (ALRA) and the other with issues arising under the Native Title More...
Gumana v Northern Territory (No 2) [2005] FCA 1425
Mansfield J 11 October 2005
This case is about the appropriate form of a determination of native title, with the essential issue being whether the native title holders of parts of Blue Mud Bay in Arnhem Land could exclude fisherm More...
Gumana v Northern Territory (No 2) [2007] FCAFC 168
French, Finn and Sunderg JJ 09 November 2007
The issue in this case was what cost orders, if any, should be made in relation to the proceedings determined in Gumana v Northern Territory [2007] FCAFC 23 (Gumana No 1, summarised in Native Title Hot More...
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Hazelbane v Doepel [2008] FCA 290
Mansfield J 07 March 2008
This case deals with an application under the Administrative Decisions (Judicial Review) Act 1977 (Cwlth) (AD(JR) Act) for review of a decision by the Native Title Registrar (the Registrar) to accept a More...
Hazelbane v Northern Territory [2008] FCA 291
Mansfield J 07 March 2008
This case concerns an application to strike out a claimant application under s. 84C of the Native Title Act 1993 (Cwlth) (NTA) on grounds that it did not comply with ss. 61 or 62 of the NTA. It is rela More...
Hicks v Western Australia [2002] FCA 1490
French J 22 November 2002
This case concerns an appeal under s. 169 of the Native Title Act 1993 (Cwlth) (NTA) against the Tribunal’s determination that good faith negotiations had taken place in relation to a future act applic More...
Hill v Queensland [2011] FCA 472
Logan J 03 May 2011
The issue was whether a claimant application should be dismissed for want of prosecution. The court decided not to do so but made orders that certain ’milestones’ must be achieved, with the court to cl More...
Hillig v Minister for Lands (NSW) [2005] FCA 1712
Bennett J 28 November 2005
The question was whether to make a determination that native title did not exist in relation to the area covered by a non-claimant application made under s. 61(1) of the Native Title Act 1993 (Cwlth) ( More...
Hillig v Minister for Lands (NSW) 2005] FCA 1713
Bennett J 28 November 2005
The question was whether to make a determination that native title did not exist in relation to the area covered by a non-claimant application made under s. 61(1) of the Native Title Act 1993 (Cwlth) ( More...
Hogan v Western Australia [2009] FCA 610
McKerracher J 02 June 2009
The issue in this case was whether the Federal Court should, of its own motion, dismiss the Nullarbor People’s claimant application pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (NTA). It More...
Holborow v Western Australia [2009] FCA 1200
McKerracher J 23 October 2009
The State of Western Australia sought to have the Yaburara/Mardudhunera claimant application dismissed to the extent it related to two town sites pursuant to Order 20 Rule 4 of the Federal Court Rules More...
Holborow v Western Australia [2002] FCA 1428
French J 20 November 2002
This was an application brought pursuant to s. 66B of the Native Title Act 1993 (Cwlth) (NTA) to replace the current applicant in the claimant application made on behalf of the Yaburara and Murdudhuner More...
Hunter v Queensland [2009] FCA 325
Logan J 27 March 2009
The issue in this case was whether the court, of its own motion, should dismiss the Wiri People No 2 claimant application pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (NTA). More...
Hunter v Western Australia [2009] FCA 654
North J 11 June 2009
The issue in this case was whether the Federal Court should make a determination of native title pursuant to s. 87A of the Native Title Act 1993 (Cwlth) (NTA) in terms of proposed consent orders. The c More...
I
In re Yoren [2004] FCA 916
Beaumont J 13 July 2004
The question here was whether, where there are multiple registered native title bodies corporate (RNTBsC) in relation to an approved determination of native title (approved determination), only one of More...
J
Jabiru Metals Pty Ltd v Lynch [2009] WASC 238
Hasluck J 02 September 2009
Jabiru Metals Pty Ltd (the plaintiff) sought a declaration that commercial agreements between the plaintiff and those named as the applicants in the Wongatha, Wutha and Koara native title determination More...
Jagera People (No 2) v Queensland [2006] FCA 708
Spender J 31 May 2006
The question in this case was whether a respondent seeking leave to discontinue proceedings to strike out a claimant application made under the Native Title Act 1993 (Cwlth) (NTA) should pay a proporti More...
James v Western Australia [2009] FCA 1262
McKerracher J 05 November 2009
The National Native Title Tribunal referred a question of law to the Federal Court, i.e. were the grants of certain mining leases ‘past acts’. Answering that question will involve determining whether t More...
James v Western Australia [2002] FCA 1208
French J 26 September 2002
The issue here was whether the Federal Court should make a determination of native title pursuant to s. 87 of the Native Title Act 1993 (Cwlth) (the NTA) in terms of proposed consent orders. The court More...
James v Western Australia [2010] FCAFC 77
Sundberg, Stone and Barker JJ 29 June 2010
The National Native Title Tribunal referred a question of law to the Federal Court which was, essentially, whether the grants of certain mining leases were ‘past acts’ as defined in the Native Title Ac More...
James v Western Australia (No 2) [2003] FCA 731
French J 17 July 2003
The question in this case was whether the body corporate nominated by the native title holders complied with the requirements of the Native Title Act 1993 (NTA) and the Native Title (Prescribed Body Co More...
Jango v Northern Territory [2006] FCA 318
Sackville J 31 March 2006
The application before the court in this case was a compensation application made under s. 61(1) of the Native Title Act 1993 (Cwlth) (the NTA). The threshold issue was whether the compensation claim g More...
Jango v Northern Territory [2007] FCAFC 101
French, Finn and Mansfield JJ 06 July 2007
This case deals with an appeal to Full Court of the Federal Court against the dismissal of an application for a determination of compensation made under s. 61(1) of the Native Title Act 1993 (Cwlth) (t More...
Jango v Northern Territory (No 4) [2004] FCA 1539
Sackville J 26 November 2004
In these proceedings, his Honour Justice Sackville considered (among other things):
whether disconformities between the applicant’s expert report and evidence of the applicant’s witnesses should re More...
Jango v Northern Territory (No 6) [2006] FCA 465
Sackville J 03 May 2006
The issues raised in this case were:
whether there should be an order as to costs in relation to Jango v Northern Territory [2006] FCA 318 (the principal judgment), summarised in Native Title Hot S More...
JED (Deceased) v Western Australia [2008] FCA 1684
Siopis J 23 October 2008
The issue before the Federal Court was whether to make a order to replace the two people named as the current applicant with a group of six people, pursuant to s. 66B of the Native Title Act 1993 (Cwlt More...
Jinibara People v Queensland [2009] FCA 816
Spender J 17 July 2009
The issue was whether the Federal Court should join people who were claimants on a previously overlapping claimant application as respondents to another claimant application made under the Native Title More...
Jones v Northern Territory [2007] FCA 1802
Mansfield J 22 November 2007
The issue in this case was whether the Federal Court should dismiss 55 claimant applications in the Northern Territory pursuant to s. 94C of the Native Title Act 1993 (Cwlth) (the NTA) as a consequence More...
Jones v South Australia [2003] FCA 538
Mansfield J 30 May 2003
The question in this case was whether orders should be made allowing for limited mediation in respect of a claimant application because a state-wide Indigenous Land Use Agreement (ILUA) strategy for de More...
Jones v Western Australia [2010] FCA 1038
Siopis J 16 September 2010
The issues before the Federal Court were whether to reinstate Monlor Pty Ltd (Monlor) as a respondent party to a claimant application and whether to join Geoffrey Miller, a director and shareholder of More...
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Kemp v Native Title Registrar [2006] FCA 939
Branson J 25 July 2006
The issue before the Federal Court in this case was whether the decision of a delegate of the Native Title Registrar to register an area agreement (a type of indigenous land use agreement) was correct. More...
Kenyon v Northern Territory [2003] FCA 1178
Mansfield J 31 October 2003
The Northern Territory sought an order under Order 29 rule 2 of the Federal Court Rules (FCR) to have a preliminary question be determined before the hearing and determination of the substantive applic More...
King v Northern Territory [2007] FCA 944
Moore J 26 June 2007
The issue in this case was the nature and extent of the native title rights and interests that could be recognised under the Native Title Act 1993 (Cwlth) (NTA) where those rights and interests co-exis More...
King v Northern Territory [2007] FCA 1498
Moore J 26 September 2007
The issue in this case was whether the court should make determinations of native title in relation to six claimant applications before the court made pursuant to s. 61(1) of the Native Title Act 1993 More...
Kite v South Australia [2007] FCA 1662
Finn J 02 November 2007
The main issues in this case were:
whether the Federal Court should strike out a claimant application pursuant to s. 84C of the Native Title Act 1993 (Cwlth) (NTA);
whether the claim group as More...
Koara People v Western Australia [2006] FCA 66
Nicholson J 09 February 2006
The issue in this case was whether the right to negotiate applied in relation to notices given under s. 29 of the ‘old Act’ in circumstances where the relevant claimant application had been amended to More...
Kokatha People v South Australia [2007] FCA 1057
Finn J 16 July 2007
This case raised a ‘controversial question of construction’ of the Native Title Act 1993 (Cwlth) (NTA), i.e. did the Federal Court have jurisdiction to make a determination of native title under s. 225 More...
Kowanyama People v Queensland [2009] FCA 1192
Greenwood J 22 October 2009
The issue in this case was whether the Federal Court should make a determination of native title in terms of proposed consent orders pursuant to s. 87A of the Native Title Act 1993 (Cwlth) (the NTA). T More...
Kulkalgal People v Queensland [2003] FCA 163
Drummond J 28 February 2003
This case concerned an application brought pursuant to s. 84(5) of the Native Title Act 1993 (Cwlth) (NTA) by a member of the native title claim group seeking to become a party to that group’s claimant More...
Kuuku Ya’u People v Queensland [2009] FCA 679
Greenwood J 25 June 2009
The issue was whether the Federal Court should make a determination of native title recognising the Kuuku Ya’u People as native title holders pursuant to s. 87 of the Native Title Act 1993 (Cwlth) (the More...
Kuuku Ya'u v Queensland [2006] FCA 1500
Greenwood J 13 November 2006
The issue before the Federal Court was whether John and Nancy Wolff should be removed as respondents to the proceedings relating to the combined Kuuku Ya'u claimant application. More...
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Landers v South Australia [2003] FCA 264
Mansfield J 31 March 2003
This decision deals with whether or not a native title claim group is properly constituted if certain people are excluded from the claim group description merely to meet the requirements of registratio More...
Lardil Peoples v Queensland [2004] FCA 298
Cooper J 24 March 2004
This issue in this case was whether native title exists over the seas adjacent to the Wellesley Islands and an area of coastline in the Gulf of Carpentaria and, if it does, who holds it? More...
Lennon v South Australia [2010] FCA 743
Mansfield J 16 July 2010
In this case, two of six people authorised pursuant to s. 251B to make a claimant application under the Native Title Act 1993 (Cwlth) (NTA) had died. The question was whether those persons could be rem More...
Lennon v South Australia [2011] [2011] FCA 474
Mansfield J 11 May 2011
The main issues before the Federal Court were whether to make a determination recognising native title exists under the Native Title Act 1993 (Cwlth) (NTA) and is held by the Antakirinja Matu-Yankunytj More...
Little v Oriole Resources Pty Ltd [2005] FCA 506
Nicholson J 29 April 2005
This case is about the interpretation of s. 237(c), one of the criteria for determining whether or not a future act attracts the expedited procedure. It revolves around questions of ‘major disturbance’ More...
Little v Oriole Resources Pty Ltd [2005] FCAFC 243
French, Stone and Siopis JJ 05 December 2005
This appeal to the Full Court of the Federal Court related to a determination of an expedited procedure objection application by the National Native Title Tribunal. The question raised was whether the More...
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Malachi v Queensland [2007] FCA 1084
Greenwood J 26 July 2007
The issue was whether the Federal Court should make a determination by consent recognising the existence of native title in respect of 118,000 hectares bounded in part by sections of the Edward and Col More...
Manas v Queensland [2006] FCA 413
Dowsett J 13 April 2006
This case deals with a determination made under the Native Title Act 1993 (Cwlth) (NTA) recognising the existence of native title. The parties reached agreement and asked the Federal Court to make orde More...
Margarula v Northern Territory [2009] FCA 290
Reeves J 05 March 2009
The issue before the Federal Court was whether Justice Reeves should disqualify himself from further hearing or determining a claimant application made under ss. 13 and 61(1) of the Native Title Act 19 More...
Markham/Northern Territory/Quest [2002] NNTTA 243
Deputy President Sumner 29 November 2002
In this future act matter, the National Native Title Tribunal held a land claim report prepared for the purposes of the Aboriginal Land Rights Act (NT) 1976 (Cwlth) can be received into evidence in pro More...
Martin v Western Australia [2008] FCA 1677
McKerracher J 12 November 2008
The issue before the court was whether it should dismiss the Widi Mob’s claimant application pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (the NTA). The application was not dismissed bec More...
MB (Deceased) v Western Australia [2010] FCA 1110
Siopis J 25 June 2010
The issue before the Federal Court was whether to replace the current applicant in a claimant application with a new applicant pursuant to an application made under s. 66B(1) of the Native Title Act 19 More...
McKenzie v South Australia [2005] FCA 22
Finn J 27 January 2005
Whether the Kuyani claimant application (the Kuyani claim) should be struck out under s. 84C(1) of the Native Title Act 1993 (Cwlth) (the NTA) or otherwise dismissed under s. 84C(4) of the NTA and O. 2 More...
McKenzie v South Australia [2006] FCA 891
Finn J 30 June 2006
The issue in this case was whether the Federal Court should allow a motion to discontinue a claimant application and, if so, whether there should be an order as to costs. More...
Mervyn v Western Australia [2005] FCA 831
Black CJ 29 June 2005
This case concerns a consent determination recognising the existence of native title in relation to some 187,000 sq km in Western Australia (the Ngaanyatjarra Lands determination). Before making it, Ch More...
Mills v Queensland [2009] FCA 1431
Greenwood J 02 December 2009
The issue before the Federal Court was whether to make an order under s. 66B of the Native Title Act 1993 (Cwlth) (NTA) replacing Alfred Mills (the now-deceased applicant for the claimant application b More...
Morich v Western Australia [2008] FCA 1567
Gilmour J 13 October 2008
The issue in this case was whether the Federal Court should, of its own motion, dismiss the unregistered application for a determination of native title pursuant to s. 190F(6) of the Native Title Act 1 More...
Moses v Western Australia [2007] FCAFC 78
Moore, North, Mansfield JJ 07 June 2007
The main issue in this case was whether the Full Court of the Federal Court should uphold the primary judge’s findings in relation to:
whether native title was wholly extinguished by the grant More...
Mueller v Vigilante [2007] WASC 259
McKechnie J 01 November 2007
This appeal to the Supreme Court of Western Australia raised the issue of whether a person was criminally liable for an offence if they honestly claimed a right to property enjoyed by another i.e. an h More...
Mullett v Victoria [2010] FCA 1144
North J 22 November 2010
The main issue in this case was whether the Federal Court should make a determination of native title by consent pursuant s. 87 of the Native Title Act 1993 (Cwlth) (NTA) recognising the Gunai/Kurnai p More...
Mundraby v Queensland [2006] FCA 436
Dowsett J 24 April 2006
The issue here was whether the court should exercise the discretion available under s. 87 of the Native Title Act 1993 (Cwlth) (NTA) to make a determination of native title that reflected an agreement More...
Munn v Queensland [2002] FCA 1111
Emmett J 28 August 2002
An overlapping native title claim group opposed an application to amend that was brought to facilitate negotiation of a consent determination because they had not had sufficient time to consider the ef More...
Murgha v Queensland [2008] FCA 33
Dowsett J 25 January 2008
The issue before the Federal Court in this case concerned, essentially, whether declaratory orders should be made as to the validity of a lease purportedly granted under the Aborigines and Torres Strai More...
Murray v Registrar [2002] FCA 1598
Marshall J 20 December 2002
This decision deals with an application under s. 5 of the Administrative Decisions Judicial Review Act 1977 (Cwlth) (AD(JR) Act) seeking judicial review of a decision to register an indigenous land use More...
Murray v Registrar [2003] FCA 45
Marshall J 06 February 2003
The question in this case was whether the applicant in Murray v Registrar [2002] FCA 1598 (summarised in Native Title Hot Spots Issue 2) should pay the respondents’ costs in relation to an unsuccessful More...
Murray v Western Australia (No 3) [2010] FCA 1455
McKerracher J 21 December 2010
This case deals with programming orders for the Yilka claimant application, which covers the area previously subject to the Cosmo-Newbury claim which was heard and dismissed by Lindgren J in Harrington More...
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Naghir People 1 v Queensland [2010] FCA 1265
Greenwood J 15 November 2010
The issue here was whether to adjourn mediation meetings because of the death of two members of the Nagilgaul People’s claim group, one of the claim groups involved in the mediation. The court publishe More...
Nangkirny v Western Australia [2004] FCA 1156
North J 08 September 2004
This is the second consent determination made by the Federal Court under the Native Title Act 1993 (Cwlth) (NTA) recognising the Karajarri people’s native title. The first was made in February 2002, co More...
Nelson v Northern Territory [2010] FCA 1343
Reeves J 08 December 2010
The main issue was whether the Federal Court should make a determination by consent pursuant s. 87 of the Native Title Act 1993 (Cwlth) recognising non-exclusive native title in relation to the area su More...
Neowarra v Western Australia [2003] FCA 1402
Sundberg J 08 December 2003
This summary covers the court’s findings on the extent of extinguishment of native title rights and interests in this case. For a summary of the findings in relation to s.223(1)(a) and (b) of the Nativ More...
Neowarra v Western Australia [2004] FCA 1092
Sundberg J 27 August 2004
This is the determination of native title reflecting the reasons for decision given in Neowarra v Western Australia [2003] FCA 1402, summarised in Native Title Hot Spots Issue 8 and Issue 9. It was mad More...
Neowarra v Western Australia [2003] FCA 1399
Sundberg J 08 December 2003
The main issues before the Federal Court were:
whether the ‘basis rule’ applies in relation to expert anthropological evidence;.
whether the hearsay rule applies to expert’s evidence of a previous More...
Neowarra v Western Australia [2003] FCA 1400
Sundberg J 08 December 2003
The issue in this case was whether prior statements relating to traditional laws and customs made by the applicants were admissible in evidence as exceptions to the hearsay rule under s. 64 of the Evid More...
Neowarra v Western Australia [2003] FCA 1401
Sundberg J 08 December 2003
The question in this case was whether the applicant should be granted leave to amend a statement of issues, facts and contentions after the conclusion of evidence in the case so as to specifically brea More...
Neowarra v Western Australia [2003] FCA 1402
Sundberg J 08 December 2003
The questions dealt with in the summary of this case are essentially:
Does native title exist over an area in the north Kimberley region in Western Australia? and, if so;
Is it held by a regional c More...
Ngadjon-Jii People v Queensland [2007] FCA 1937
Spender J 12 December 2007
The issue before the Federal Court was whether, pursuant to s. 87 of the Native Title Act 1993 (Cwlth) (NTA), a determination recognising the existence of native title should be made in relation to the More...
Ngalakan People v Northern Territory [2003] FCA 23
O’Loughlin J 28 January 2003
This case deals with an application for an order for costs made on behalf of the Ngalakan People. It relates to further argument by the Northern Territory and the native title holders heard by Federal More...
Ngalpil v Western Australia [2003] FCA 1098
Carr J 09 October 2003
In this case, the court considered whether the Tjurabalan Native Title Land Aboriginal Corporation (the Corporation) was a duly nominated prescribed body corporate and whether the requirements of the N More...
Noble v Mundraby [2005] FCAFC 212
North, Weinberg and Greenwood JJ 30 September 2005
The main issue in this appeal to the Full Court of the Federal Court was whether the authorisation provisions of s. 251B of the Native Title Act 1993 (Cwlth) (NTA) had been applied correctly to support More...
Noble v Murgha [2005] FCAFC 211
North, Weinberg and Greenwood JJ 30 September 2005
The main issue in this appeal to the Full Court of the Federal Court was whether the authorisation provisions of s. 251B of the Native Title Act 1993 (Cwlth) (NTA) had been applied correctly to support More...
Nona and Manas v Queensland [2006] FCA 412
Dowsett J 13 April 2006
These case deals with a determination made under the Native Title Act 1993 (Cwlth) (NTA) recognising the existence of native title. The parties reached agreement and asked the Federal Court to make ord More...
Northern Territory v Doepel [2003] FCA 1384
Mansfield J 28 November 2003
An application was made by the Northern Territory (the territory) under the Administrative Decisions (Judicial Review) Act 1977 (Cwlth) to set aside a decision of the Native Title Registrar to include More...
Northern Territory v Doepel (No 2) [2004] FCA 46
Mansfield J 03 February 2004
This decision deals with whether an unsuccessful applicant to an application (the review application) made under the Administrative Decisions (Judicial Review) Act 1977 (Cwlth)(AD(JR) Act) should pay t More...
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O'Mara v Minister for Lands (NSW) [2008] FCA 51
Reeves J 30 January 2008
The issue before the Federal Court in this case was whether s. 85A of the Native Title Act 1993 (Cwlth) (NTA) applied in relation to the costs of an application for an interim injunction concerning a f More...
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Page/Northern Territory/Teelow [2003] NNTTA 9
Member Sosso 26 February 2003
This determination sets out the approach taken by the Tribunal when faced with an objection application relating to a future act which is virtually identical (same land and parties) to one where the Tr More...
Parker v Western Australia [2008] FCAFC 23
Moore, Branson and Tamberlin JJ 07 March 2008
This decision deals with an appeal to the Full Court of Federal Court against the judgment in Parker v Western Australia [2007] FCA 1027 (Parker No 1, summarised in Native Title Hot Spots Issue 26). Th More...
Parker v Western Australia [2007] FCA 1027
Siopsis J 06 July 2007
This decision deals with an appeal to the Federal Court under s. 169 of the Native Title Act 1993 (Cwlth) (NTA) against a decision of the National Native Title Tribunal (Tribunal) that a future act att More...
Parker/Western Australia/Ammon [2006] NNTTA 65
Sumner DP 02 June 2006
The issues before the National Native Title Tribunal summarised here were whether:
a proposed future act was an act attracting the expedited procedure under s. 32(4) of the Native Title Act 1993 (Cw More...
Parry v Northern Territory [2007] FCA 1889
Mansfield J 29 November 2007
As in Que Noy v Northern Territory [2007] FCA 1888 (Que Noy, summarised in Native Title Hot Spots Issue 27), the issue was whether to make orders under s. 66B(2) of the Native Title Act 1993 (Cwlth) (N More...
Patch v Western Australia [2008] FCA 944
French J 20 June 2008
The issue before the Federal Court was whether to make a determination recognising the existence of native title under the Native Title Act 1993 (Cwlth) (NTA) in relation to the majority of the area co More...
Penangke v Northern Territory [2011] FCA 147
Reeves J 24 February 2011
In this case, the Federal Court, on its own motion, dismissed a claimant application pursuant to s. 94C of the Native Title Act 1993 (Cwlth) (the NTA), which deals with applications made in response to More...
Phillips v Western Australia [2008] FCA 1676
McKerracher J 12 November 2008
The issue in this case was whether the Federal Court should, of its own motion, dismiss the Widi Binyardi people’s unregistered claimant application pursuant to s. 190F(6) of the Native Title Act 1993 More...
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QGC Pty Limited v Bygrave [2010] FCA 659
Reeves J 23 June 2010
The issue in this case was whether Queensland South Native Title Services (QSNTS) should be joined as a party to an application for judicial review of a decision by a delegate of the Native Title Regis More...
QGC Pty Ltd v Bygrave (No 2) [2010] FCA 1019
Reeves J 17 September 2010
Two main issues were dealt with in this case. First, could the Native Title Registrar’s delegate decide not to give notice pursuant to s. 24CH of the Native Title Act 1993 (Cwlth) (NTA) of an agreement More...
Quall v Native Title Registrar [2003] FCA 145
Mansfield J 07 March 2003
This case concerns a review of a decision by the Native Title Registrar’s delegate that the claimant application concerned should not be accepted for registration. The grounds upon which review was sou More...
Quall v Northern Territory [2009] FCA 18
Reeves J 19 January 2009
The Federal Court was asked to summarily dismiss a claimant application on the grounds of issue estoppel, abuse of process or because it had no reasonable prospects of success. In this ‘exceptional cas More...
Quall v Northern Territory [2009] FCAFC 157
Moore, Lindgren & Stone JJ 11 November 2009
Tibby Quall, on behalf Dangalaba and Kulumbiringin People, appealed against the summary dismissal of their claimant application pursuant to O 20 r 4 of the Federal Court Rules (FCR). The appeal was dis More...
Quall v Northern Territory [2010] FCA 417
Mansfield J 21 April 2011
The issue in this case was whether the Federal Court should accede to an oral request by a respondent party in one matter for access to a person’s affidavit apparently filed in a different matter. More...
Que Noy v Northern Territory [2007] FCA 1888
Mansfield J 29 November 2007
The main issue before the Federal Court in this case was whether to make an order to replace the applicant on a claimant application pursuant to s. 66B(2) of the Native Title Act 1993 (Cwlth) (NTA) in More...
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R v Powley [2003] 2 SCR 207
McLachlin CJ, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour, LeBel and Deschamps JJ 19 September 2003
The issue raised in this Canadian case was whether a particular Métis community enjoyed a constitutionally protected right to hunt for food under s. 35 of the Constitution Act 1982 that overrode the li More...
Reid v South Australia [2007] FCA 1479
Finn J 21 September 2007
The main issue in this case was whether the Federal Court should strike out a claimant application pursuant to s. 84C of the Native Title Act 1993 (Cwlth) (NTA). The court decided to do so because ther More...
Riley v Queensland [2006] FCA 72
Allsop J 17 February 2006
The issue before the Federal Court was whether to make a determination of native title and other orders pursuant to s. 87 of the Native Title Act 1993 (Cwlth) (the NTA) over an area of land and inland More...
Risk v Northern Territory [2006] FCA 404
Mansfield J 13 April 2006
The case deals with a number of claimant applications made over Darwin and its surrounds. Justice Mansfield noted that the three broad issues for consideration were:
whether the Larrakia people esta More...
Risk v Northern Territory NTD6033/2001
Mansfield J 17 May 2006
The court, in handing down its decision in Risk v Northern Territory [2006] FCA 404 (summarised in Native Title Hot Spots Issue 19), did not formally make a determination of native title. This is a sum More...
Risk v Northern Territory [2007] FCAFC 46
French, Finn and Sundberg JJ 05 April 2007
The main issue in this appeal was whether the primary judge was right in deciding that native title did not exist in relation to areas in and around Darwin. The main ground for that finding was that ne More...
Roberts v Northern Territory 2011 [2011] FCA 242
Mansfield J 18 March 2011
[2011] FCA 242The issue before the Federal Court was whether to grant leave to amend a claimant application under s. 64 of the Native Title Act 1993 (Cwlth) (NTA). The court went on to consider the con More...
Roberts v Western Australia [2010] FCA 1483
North J 09 December 2010
The main issue was whether the Federal Court should appoint an expert to assist in the resolution of issues in relation to the native title claim group description in two claimant applications made on More...
Roe v Western Australia (No 2) [2011] FCA 102
Gilmour J 15 February 2011
The Federal Court was asked to make an order under s. 66B(2) of the Native Title Act 1993 (Cwlth) (NTA) to replace the current applicant for the Goolarabooloo/Jabirr Jabirr (GJJ) claimant application. More...
Roe v Western Australia 2010 [2010] FCA 1436
Gilmour J 17 December 2010
The issue before the Federal Court was whether legal professional privilege (LPP) had been waived in relation to a draft connection report as a result of the reading of two affidavits prepared by an ex More...
Roe v Western Australia 2011 [2011] FCA 421
Siopis J 29 April 2011
The issue before the Federal Court was whether to grant leave to appeal from a decision of the court to replace the persons comprising the applicant to a native title claimant application under s. 66B More...
Rubibi v Western Australia [2002] FCA 876
Merkel J 11 July 2002
The main issue before the Federal Court was whether persons who were part of the native title claim group but claimed different native title rights and interests to those claimed by the applicant shoul More...
Rubibi v Western Australia [2003] FCA 62
Merkel J 10 February 2003
The question in this case was whether the Federal Court should allow a native title claim group to be represented by a person who was not legally qualified pursuant to s. 85 of the Native Title Act 199 More...
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Sakurai v Northern Territory [2004] FCA 971
Mansfield J 28 July 2004
There were two issues before the court:
whether the Northern Territory Aboriginal Sacred Sites Act (NT) (Sacred Sites Act) and the NTA are inconsistent; and
whether the extinguishment of native title More...
Sambo v Western Australia [2008] FCA 1575
Siopis J 22 October 2008
The main issue before the Federal Court was whether people could be removed from the group constituting ‘the applicant’ for a claimant application pursuant to Order 6 rule 9 of the Federal Court Rules More...
Sambo v Western Australia [2009] FCA 490
McKerracher J 24 August 2009
The Federal Court considered whether it should dismiss a claimant application ostensibly brought on behalf of the Central West Goldfields People pursuant to s. 190F(6) of the Native Title Act 1993 (Cwl More...
Sambo v Western Australia (No. 2) [2010] FCA 927
McKerracher J 26 August 2010
The issue in this case was whether a claimant application made on behalf of the Central West Goldfields People should be dismissed pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (NTA). In More...
Sampi v Western Australia [2005] FCA 777
French J 10 June 2005
The decision deals with a claimant application made on behalf of the Bardi and Jawi People. One of the key issues in making a determination that native title existed was whether those seeking the deter More...
Sampi v Western Australia [2003] FCA 463
Beaumont J 01 May 2003
This decision relates to an application on behalf of a native title claim group for leave to re-open their case in relation to the facts and, in the event of the grant of that leave, all necessary dire More...
Sampi v Western Australia (No 2) [2005] FCA 1567
French J 04 November 2005
This decision deals with matters arising from the Federal Court’s reasons in Sampi v Western Australia [2005] FCA 777 (Sampi No. 1), namely:
an application for joinder by either the Jawi Aboriginal More...
Sampi v Western Australia (No 3) [2005] FCA 1716
French J 30 November 2005
This decision deals with the making of a determination of native title under the Native Title Act 1993 (Cwlth) (NTA) recognising the existence of native title over part of the West Kimberley region in More...
Sampi v Western Australia (No 4) [2006] FCA 760
French J 19 June 2006
The question here was whether two areas were included in the area covered by a claimant application. If they were, then a further question would arise as to whether or not s. 47A of the Native Title Ac More...
Santo v David [2010] FCA 42
Logan 05 February 2010
The question in this case was whether common law native title holders have standing to bring proceedings seeking injunctive relief when their native title rights and interests are held in trust by a pr More...
Sebastian v Western Australia [2008] FCA 926
Gilmore J 19 June 2008
The issue before the Federal Court was whether to make orders to restrain the making of future act agreements over areas where native title had been found to exist. The ‘core submission’ made by those More...
South Australia v Slipper [2003] FCA 1414
Selway J 08 December 2003
The question in this case was whether the issue of a certificate by the relevant minister under s. 24 of the Lands Acquisition Act 1989 (Cwlth) (LAA) and the subsequent acquisition of land by the Commo More...
Starkey v South Australia [2011] FCA 456
Mansfield J 09 May 2011
The issue before the Federal Court was whether Ningil Richard Reid, a member of the Kokatha Uwankara native title claim group, should cease to be a respondent to the Kokatha Uwankara Native Title claim More...
Stevenson v Yasso [2006] QCA 40
McMurdo P, mcPherson JA and Fryberg J 24 February 2006
The issue in this case was the application of s. 14 of the Fisheries Act 1994 (Qld) (the Fisheries Act). That section provides (among other things) that ‘an Aborigine may take, use or keep fisheries re More...
Strickland v Western Australia [2010] FCA 272
McKerracher J 23 March 2010
The issue was whether the Federal Court, of its own motion, should dismiss a claimant application pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (NTA) where the claim made in the applicati More...
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Taylor v Western Australia [2008] FCA 1675
McKerracher J 12 November 2008
The issue before the court was whether it should dismiss the Taylor Group’s claimant application pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (the NTA). The application was dismissed. More...
Thomas v South Australia [2004] FCA 951
Mansfield J 22 July 2004
The issue in these proceedings was whether or not a claimant application should be struck out because the applicant was not authorised pursuant to s. 251B(a) to make the application as required under s More...
Thomas v Western Australia [2011] FCA 346
McKerracher J 12 April 2011
The issue in this case was whether the Federal Court should, of its own motion, dismiss the Mantjintjarra Ngalia claimant application pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (NTA). More...
Tigan v Western Australia [2010] FCA 993
Gilmour J 10 September 2010
The question in this case was whether three of the five people who jointly comprised the applicant in a claimant application had standing to file a notice of change of solicitor. Justice Gilmour found More...
Tullock v Western Australia [2010] FCA 351
Gilmour J 13 April 2010
The issue in this case was whether a person who unsuccessfully sought to change the native title claim group description in a claimant application should pay the costs of the applicant for that claiman More...
Turrbal People v Queensland [2008] FCA 316
Spender J 11 March 2008
The issue in this case was whether orders to replace the current applicant on a claimant application should be made pursuant to s. 66B(2) of the Native Title Act 1993 (Cwlth) (NTA) in circumstances whe More...
Turrbal People v Queensland [2002] FCA 1082
Spender J 30 August 2002
The question in this case as whether a registered claimant application was sufficient to support injunctions to stop future acts from being done in relation to the area subject to a claimant applicatio More...
Turrbal People v Queensland [2005] FCA 1796
Spender J 09 December 2005
The State of Queensland sought orders separating the Turrbal People’s claimant application into two separate proceedings. It was proposed that the proceeding in relation to Turrbal Part A would deal wi More...
Turrbal People v Queensland [2006] FCA 187
Spender J 02 March 2006
The issue before the Federal Court was whether to grant leave to amend a claimant application to increase the area it covered. The increase would be as a result of including a number of reserves that w More...
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Van Hemmen v Queensland [2007] FCA 1185
Collier J 09 August 2007
The main issues before the court in this case were:
whether a claimant application made under s. 61(1) of the Native Title Act 1993 (Cwlth) (NTA) should be either struck out or summarily dismissed; More...
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Waanyi People v Queensland [2009] FCA 1179
Dowsett J 24 August 2009
The Federal Court was considering whether the descendents of a person called Minnie are, in fact, members of the native title claim group described in the Waanyi People’s claimant application. The ques More...
Wakka Wakka People #2 v Queensland [2009] FCA 1527
Dowsett J 03 December 2009
The issue before the Federal Court was whether to dismiss a claimant application in circumstances where the applicant’s legal advisors informed the court that they could not certify that, in its presen More...
Walker v Queensland [2004] FCA 640
Allsop J 17 May 2004
The issues here were:
should the court allow an amendment to a claimant application that would have the effect of excluding the area covered by certain pastoral interests at a fairly late stage of t More...
Walker v Queensland [2005] FCA 1517
Allsop J 02 November 2005
This case concerns an application to be joined as a party to a claimant application by a person in unlawful occupation of land subject to that application: see Walker v Queensland [2005] FCA 1316, summ More...
Walker v Queensland [2003] FCA 960
Allsop J 09 September 2003
The issue for the court was whether to continue a long running mediation, either in whole or in part, in circumstances where some parties who wished to withdraw from the mediation were urging the court More...
Walker v Queensland [2007] FCA 967
Collier J 03 July 2007
The issue in this case was whether the Federal Court should strike out a claimant application pursuant to s. 84C of the Native Title Act 1993 (Cwlth) (NTA). The court decided to do so. More...
Walker v Queensland [2006] FCA 1769
Allsop J 14 December 2006
The question in this case was whether the court should make an order under s. 66B(2) of the Native Title Act 1993 (Cwlth) to remove one of the persons constituting the applicant in a claimant applicati More...
Walker v Western Australia [2008] FCA 1558
Gilmour J 13 October 2008
The issue in this case was whether the Federal Court should, of its own motion, dismiss a claimant application pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (NTA). The application was dis More...
Walker v Western Australia [2008] FCA 1559
Gilmour J 13 October 2008
The issue in this case was whether the Federal Court should, of its own motion, dismiss a claimant application pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (NTA). It was decided that the More...
Walker v Western Australia [2002] FCA 869
French J 10 July 2002
The main issue was whether a mining company with applications for mining tenements pending had a sufficient interest under s. 84 of the Native Title Act 1993 (Cwlth) (NTA) to be joined as a respondent More...
Ward v Northern Territory [2002] FCA 1477
Mansfield J 02 December 2002
This case dealt with a successful application under s. 66B of the Native Title Act 1993 (Cwlth) (NTA) to replace the applicant in a claimant application brought on behalf of the Miriuwung and Gajerrong More...
Webb v Western Australia [2007] FCA 1342
French J 28 August 2007
The issue in this case was whether the Federal Court should dismiss a native title determination application pursuant to s. 94C of the Native Title Act 1993 (Cwlth) (the NTA) as a consequence of receiv More...
Western Australia v Sebastian [2008] FCAFC 65
Branson, North and Mansfield JJ 02 May 2008
The main issues in these appeal proceedings were:
whether native title to the Broome area in Western Australia was communal in nature and held by the Yawuru community; and
whether some of the More...
Western Australia v Ward [2002] HCA 28
Gleeson CJ, Gaudron, McHuggh, Gummow, Kirby, Hayne and Callinan JJ 08 August 2002
The following summary of some of the major points arising out of this decision is drawn from the joint judgment of Chief Justice Gleeson and Justices Gaudron, Gummow and Hayne. The fifth member of the More...
Western Australia v Ward [2003] FCAFC 124
North J 03 June 2003
This case relates to orders made to settle a new timetable of the steps to be taken prior to hearing, made necessary by a number of unforeseen events, including the need to reconstitute the Full Court More...
Whalebone v Western Australia [2008] FCA 1678
McKerracher J 12 November 2008
The issue in this case was whether the Federal Court should of its own motion dismiss the Bindurrna People’s claimant application for a determination of native title pursuant to s. 190F(6) of the Nativ More...
Wharton v Queensland [2004] FCA 1761
Emmett J 04 February 2004
This case concerns an application for leave to appeal against a decision to dismiss an application for the dismissal of a claimant application brought by Wayne Wharton on behalf of the Kooma People (Ko More...
Wharton v Queensland [2002] FCA 1112
Emmett J 28 August 2002
In this case, the Federal Court considered what course to take in circumstances where two claimant applications over the same area were brought by different applicants on behalf of the same native titl More...
Wharton v Queensland [2003] FCA 790
Emmet J 18 June 2003
This decision deals with an application under s. 84C of the Native Title Act 1993 (Cwlth) (NTA) to strike out a claimant application on the ground that the applicant was not authorised by the native ti More...
Wharton v Queensland [2003] FCA 1398
Emmett J 03 December 2003
This decision concerns an application under s. 84C of the NTA to strike out a claimant application, made under the old Act and subsequently amended, on the ground that the applicant was not authorised More...
Wik Peoples v Queensland [2004] FCA 1306
Cooper J 13 October 2004
Justice Cooper made orders consistent with the terms agreed by the parties in relation to Part B of the Wik and Wik Way Peoples’ application for a determination of native title under the Native Title A More...
Wilkes v Western Australia [2003] FCA 142
Beaumont J 05 March 2003
This case concerned an application by the South West Aboriginal Land & Sea Council Aboriginal Corporation (SWALSC) on behalf of the applicant to vacate the hearing of native title claims over the P More...
Wilkes v Western Australia [2003] FCA 156
Beaumont J 05 March 2003
This case concerned an application to the Federal Court for orders that would exclude certain people from the hearing of evidence about certain sites and protect confidential information in the Combine More...
Wilkes v Western Australia [2003] FCA 1140
Wilcox J 08 October 2003
This decision deals with an application under s. 84C of the Native Title Act 1993 (Cwlth) (NTA) and Order 20 rule 2(1) of the Federal Court Rules (FCR) to strike out two claimant applications on the ba More...
Wilkes v Western Australia [2003] FCA 1206
Wilcox J 09 October 2003
This decision relates to orders for the combination of two claimant applications pursuant to s. 64(2) of the Native Title Act 1993 (Cwlth) (NTA), together with programming orders for trial. More...
Williams v Grant [2004] FCAFC 178
North, Dowsett and Lander JJ 07 July 2004
This case deals with an appeal to the Full Court of the Federal Court against an order dismissing an application to have a claimant application struck out under s. 84C(1) of the Native Title Act 1993 ( More...
Wilson v Anderson [2002] HCA 29
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ 08 August 2002
The central issue for resolution by the High Court was, assuming that native title rights and interests existed, whether they had been extinguished by the grant in 1955 of a lease in perpetuity pursuan More...
Wilson v Northern Territory [2009] FCA 800
Reeves J 31 July 2009
The issue in this case was whether the Federal Court should make a determination of native title pursuant to ss. 13 and 87 of the Native Title Act 1993 (Cwlth)(the NTA) in terms of proposed consent ord More...
Wiri People # 2 v Queensland [2006] FCA 1069
Greenwood J 15 August 2006
The issue before the Federal Court was whether to stay orders of Justice Dowsett made on 6 October 2005 and 19 June 2006 pending the determination of an appeal to the Full Court of the Federal Court. More...
Wiri People # 2 v Queensland [2006] FCAFC 158
Stone, Allsop and Greenwood JJ 10 November 2006
The issue before the Full Court of the Federal Court was whether to allow an appeal against a decision refusing leave to appeal from a ‘self-executing’ order dismissing a claimant application and for r More...
Wiri People No 2 v Queensland [2006] FCA 804
Dowsett J 19 June 2006
The issue before the Federal Court was whether filing a notice of motion seeking leave to amend Wiri People #2 claimant application satisfied an order of 6 October 2005 requiring that the applicant fil More...
Wonyabong v Western Australia [2008] FCA 1561
Gilmour J, 13 October 2008
The issue in this case was whether the Federal Court should, of its own motion, dismiss a claimant application pursuant to s. 190F(6) of the Native Title Act 1993 (Cwlth) (NTA). The application was dis More...
Worimi v Minister for Lands (NSW) [2006] FCA 1770
Bennett J 19 December 2006
The main issue in this case was whether the court should strike out a claimant application made under ss.13 and 61(1) of the Native Title Act 1993 (Cwlth) pursuant to s. 84C. The court decided to do so More...
Wurrunmurra/Western Australia/Wrasse [2005] NNTTA 90
Deputy President Sumner 02 December 2005
The issue in this Tribunal inquiry was whether the proposed grant of exploration licence under the Mining Act 1978 (WA) (Mining Act) was a future act attracting the expedited procedure: see ss. 29(7) a More...
Wuthathi People No. 2 v Queensland [2010] FCA 1103
Greenwood J 05 October 2010
The issue relates to an application for an injunction under the Federal Court of Australia Act 1976 (Cwlth) to restrain the conduct of a native title claim group meeting that was to take place the foll More...
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