Griffiths v Northern Territory of Australia (No 2) [2006] FCA 1155

Griffiths v Northern Territory of Australia (No 2) [2006] FCA 1155

Because the joint draft determination filed on 25 August 2006 accurately reflected the findings in the reasons for judgment delivered on 17 July 2006, the Court made the orders, declaration and determination contained in that draft.

Jurisdiction
Australia
Judgment Date
28 August 2006
Procedural Posture
Native Title Determination Application / Orders, Declaration and Determination Following Reasons for Judgment and Joint Draft Determination
Outcome
Orders, declaration and determination of native title made in the terms of the joint draft determination.
Legal Topics
['determination of Native Title' 'prescribed Body Corporate' 'previous Exclusive Possession Acts' 'non Exclusive Native Title Rights and Interests' 'non Extinguishment Principle']
['native Title' 'federal Court Procedure'] ['determination of Native Title' 'prescribed Body Corporate' 'previous Exclusive Possession Acts' 'non Exclusive Native Title Rights and Interests' 'non Extinguishment Principle']

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Procedural Posture

Native Title Determination Application / Orders, Declaration and Determination Following Reasons for Judgment and Joint Draft Determination

Legal Issues

  1. 1 ['Whether the joint draft determination filed by the parties gave effect to the reasons for judgment delivered on 17 July 2006.' 'Whether orders, a declaration and a native title determination should be made in the terms of the joint draft determination.']

Ratio Decidendi

Because the joint draft determination filed on 25 August 2006 accurately reflected the findings in the reasons for judgment delivered on 17 July 2006, the Court made the orders, declaration and determination contained in that draft.

Court Disposition

Orders, declaration and determination of native title made in the terms of the joint draft determination.

Orders

  • ['There be a determination of native title in terms of the determination set out in the orders.' 'The native title is not to be held in trust.' 'An Aboriginal Corporation whose name is to be provided within 12 months, or such further time as a Judge of the Court may allow, is to be the prescribed body corporate for...