Shaw v Wolf

JurisdictionAustralia Federal only
Neutral Citation1998-0420 FCA C
Date1998
Year1998
CourtFederal Court

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26 cases
4 books & journal articles
  • The Definition and Discovery of Facts in Native Title: The Historian's Contribution
    • United Kingdom
    • Sage Federal Law Review No. 36-3, September 2008
    • 1 September 2008
    ...Dawson and Gaudron JJ); Cassell v The Queen (2000) 201 CLR 189, 193 [18] (Gleeson CJ, Gaudron, McHugh and Gummow JJ); Shaw v Wolf (1998) 83 FCR 113, 123–5 (Merkel J). 60 Yorta Yorta (2002) 214 CLR 422, 454 [80] (Gleeson CJ, Gummow and Hayne JJ). 61 De Rose v State of South Australia [2002] ......
  • The Briginshaw 'standard of proof' in anti-discrimination law: 'pointing with a wavering finger'.
    • Australia
    • Melbourne University Law Review Vol. 27 No. 2, August 2003
    • 1 August 2003
    ...the application of Briginshaw in Re Jane (1988) 94 FLR 1, 20-1 (Nicholson C J). (63) Marion's Case (I 992) 175 CLR 218, 305. (64) (1999) 163 ALR 205. (65) Ibid (66) Ibid. (67) This three-part test of Aboriginality was proposed by Dearie J in Commonwealth v Tasmania (1983) 158 CLR 1,273-4 ('......
  • The New Right and Aboriginal Rights in the High Court of Australia
    • United Kingdom
    • Sage Federal Law Review No. 51-1, March 2023
    • 1 March 2023
    ...121) 138.165. Robert French, ‘Aboriginal Identity —the Legal Dimension’(2011) 15(1) Australian Indigenous Law Review 18, 19;Shaw v Wolf (1998) 83 FCR 113, 137.166. See Morgan (n 119) 24.167. Mabo (No 2) (n 13) 120 (Deane and Gaudron JJ).168. Similar criticism has been levelled at the majori......
  • Excluding Indigenous Australians from ‘The People’: A Reconsideration of Sections 25 and 127 of the Constitution
    • United Kingdom
    • Sage Federal Law Review No. 40-3, September 2012
    • 1 September 2012
    ...CLR 1, 70 (Brennan J); Commonwealth v Tasmania (1983) 158 CLR 1, 273–4 (Deane J), 180–1 (Murphy J), 243–4 (Brennan J). See Shaw v Wolf (1998) 83 FCR 113 for a more recent application of the three-part definition, in the context of the Aboriginal and Torres Strait Islander Commission Act 198......