State of Western Australia v. Manado on behalf of the Bindunbur Native Title Claim Group & Ors
State of Western Australia v. Augustine on behalf of the Jabirr Jabirr / Ngumbarl Native Title Claim Group & Ors
Commonwealth of Australia v. Augustine on behalf of the Jabirr Jabirr / Ngumbarl Native Title Claim Group & Ors
Commonwealth of Australia v. Manado on behalf of the Bindunbur Native Title Claim Group & Ors
Case Nos.
P34/2019, P35/2019, P36/2019; P37/2019
Case Information
Lower Court Judgment
20/12/2018 Federal Court of Australia (Barker, Perry & Charlesworth JJ)
Catchwords
Native title – Native title interest – Determinations of native title – Whether Full Federal Court erred in holding that existing public access to and enjoyment of waterways, beds and banks or foreshores of waterways, coastal waters or beaches located upon Crown land below high water mark, confirmed by s 14 of Titles (Validation) and Native Title (Effect of Past Acts) Act 1995 (WA) in accordance with s 212(2) of Native Title Act 1993 (Cth), was not a right or privilege in connection with land or waters within the definition of "interest" in s 253 of Native Title Act – Whether, to be included in determination of native title, is it necessary for public access and enjoyment to be an "interest", as defined in s 253 of Native Title Act – Whether existing public access to and enjoyment of waterways, beds and banks or foreshores of waterways, coastal waters or beaches located on unallocated Crown land should be stated in a determination of native title made in accordance with s 225 of Native Title Act.
Documents*
21/06/2019 Hearing (SLA, Sydney)
05/07/2019 Notices of appeal
21/08/2019 Written submissions (State of Western Australia)
21/08/2019 Chronology (State of Western Australia)
21/08/2019 Written submissions (Commonwealth of Australia)
21/08/2019 Chronology (Commonwealth of Australia)
13/09/2019 Written submissions (Native Title Claim Groups for the State of Western Australia appeals)
13/09/2019 Written submissions (Native Title Claim Groups for the Commonwealth of Australia)
13/09/2019 Joint chronology (Native Title Claim Groups)
04/10/2019 Reply (Commonwealth of Australia)
08/10/2019 Reply (State of Western Australia)
03/12/2019 Hearing (Full Court, Canberra) (Audio-visual recording)
03/12/2019 Outline of oral argument (Commonwealth of Australia)
03/12/2019 Outline of oral argument (State of Western Australia)
03/12/2019 Outline of oral argument (Native Title Claim Groups)
18/03/2020 Judgment (Judgment summary)