Daniel v State of Western Australia
Jurisdiction | Australia Federal only |
Judgment Date | 2003 |
Neutral Citation | 2003-0703 FCA A |
Date | 2003 |
Court | Federal Court |
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38 cases
1 firm's commentaries
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Exclusive native title, extinguishment and compensation: lessons from the Yindjibarndi decision and the Timber Creek appeal
...did not entitle them to exclude strangers (whom they called "manjangu") from their country (see Daniel v State of Western Australia [2003] FCA 666, Daniel v State of Western Australia [2005] FCA 536 and Moses v Western Australia [2007] FCAFC 78 (Moses The press has reported certain Yindjiba......
3 books & journal articles
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The Definition and Discovery of Facts in Native Title: The Historian's Contribution
...41 Commonwealth v Yarmirr (2001) 208 CLR 1, 39 [15] (Gleeson CJ, Gaudron, Gummow and Hayne JJ); Daniel v Western Australia [2003] FCA 666 (Unreported, Nicholson J, 3 July 2003) [136]; Perry and Lloyd, above n 34, 764. 42 Western Australia v Ward (2002) 213 CLR 1, 91 [82], 95 [95] (Gleeson C......
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Native Title Rights to Exclusive Possession, Use and Enjoyment and the Yindjibarndi
...which commonly operates as a limitation: 4 Mabo v Queensland (No 2) (1992) 175 CLR 1. 5 Western Australia v Ward (2002) 213 CLR 1. 6 [2003] FCA 666. 7 Mabo v Queensland (No 2) (1992) 175 CLR 1 at 217, 169-70, 55–6 per Brennan 8 Ibid 58 per Brennan J. [T]he contents of the rights and the ide......
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More aqua nullius? The Traditional Owner Settlement Act 2010 and the neglect of indigenous rights to manage inland water resources.
...to ss 15 and 16 of the NTA. See also the definitions of past act, and category D past act: NTA ss 228, 232. In Daniel v Western Australia [2003] FCA 666 (3 July 2003) [879]-[880] it was argued before Nicholson J (an argument that his Honour appears to have accepted) that the prohibition (if......