Banjima People v Western Australia and Others (No 2)

JurisdictionAustralia Federal only
Judgment Date2013
Neutral Citation2013-0828 FCA A
Year2013
Date2013
CourtFederal Court

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22 cases
  • Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) (No 5)
    • Australia
    • Federal Court
    • 23 December 2021
    ...Trustees (SA) Limited v Kerr [2021] NSWCA 5 Ballantyne v. Mackinnon (1896) 65 L.J.Q.B. 616 Banjima People v Western Australia (No 2) (2013) 305 ALR 1; [2013] FCA 868 Bodney v Bennell (2008) 167 FCR 84; [2008] FCAFC 63 Bowles -v- The State of Western Australia [2011] WASCA 191 Briginshaw v B......
  • Stuart v State of South Australia (Oodnadatta Common Overlap Proceeding) (No 4)
    • Australia
    • Federal Court
    • 21 December 2021
    ...247 CLR 345 Badimia People v Western Australia [2016] FCAFC 67; (2016) 240 FCR 466 Banjima People v State of Western Australia (No 2) [2013] FCA 868; (2013) 205 ALR 1 Banjima People v State of Western Australia [2015] FCAFC 84; (2015) 231 FCR 456 Bodney v Bennell [2008] FCAFC 63; (2008) 167......
  • Tjungarrayi v Western Australia; KN (Deceased) and Others (Tjiwarl and Tjiwarl #2) v Western Australia
    • Australia
    • High Court
    • 17 April 2019
    ...People) v Western Australia [No 2] (2015) 328 ALR 637 at 647–648 [33]. 87 See and compare Banjima People v Western Australia [No 2] (2013) 305 ALR 1 at 185–186 88 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 at 381–382 [69]–[71] per McHugh, Gummow, Kirby and H......
  • District Council of Streaky Bay v Wilson
    • Australia
    • Full Federal Court (Australia)
    • 18 October 2021
    ...Territory of Australia [2004] FCA 472; 207 ALR 539 Anderson v Wilson [2000] FCA 394; 97 FCR 453 Banjima People v Western Australia (No 2) [2013] FCA 868; 305 ALR 1 Bibby Financial Services Australia Pty Ltd v Sharma [2014] NSWCA 37 Bodney v Bennell [2008] FCAFC 63; 167 FCR 84 Canale v GW an......
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3 books & journal articles
  • THE FPIC FIXATION: INDIGENOUS - MINING LAW, INTERNATIONALLY AND AUSTRALIA
    • United States
    • FNREL - Special Institute International Mining and Oil and Gas Law, Development, and Investment (FNREL) 2019 edition
    • Invalid date
    ...People -v- WA [2017] FCA 1056, [8]).[107] eg. WA -v- Graham (Ngadju People) [2013] FCAFC 143, [91]-[92]; and Banjima People -v- WA [2013] FCA 868, [531]-[534].[108] Far West Coast Claim -v- SA (No 6) [2013] FCA 1270, [27]; the sole exception is NTA s 84D(2)(c) (where an individual from the ......
  • AUSTRALIAN HISTORIANS AND HISTORIOGRAPHY IN THE COURTROOM.
    • Australia
    • Melbourne University Law Review Vol. 43 No. 3, April 2020
    • 1 April 2020
    ...[18] (Jagot J) (Bandjalung People'); Nicholls v A-G (NSW) [2019] FCA 527, [25] (Robertson J); Banjima People v Western Australia [No 2] (2013) 305 ALR 1, 11 [28], 12 [35] (Barker J) (Federal Court) ('Banjima People'); Collett v Repatriation Commission (2009) 178 FCR 39, 43-4 [17] (Logan J) ......
  • More aqua nullius? The Traditional Owner Settlement Act 2010 and the neglect of indigenous rights to manage inland water resources.
    • Australia
    • Melbourne University Law Review Vol. 40 No. 2, January 2017
    • 1 January 2017
    ...was 'no reason to depart from such persuasive authority which is not clearly incorrect.' In Banjima People v Western Australia [No 2] (2013) 305 ALR 1, 165 [987], Barker J also accepted respondent submissions on Lardil and noted Daniel. In Queensland Construction Materials Pty Ltd v Redland......