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The Alyawarr, Kaytetye, Warumungu, Wakay Native Title Claim Group v Northern Territory of Australia

[2004] FCA 472 ; (2004) 207 ALR 539 ; (2003) 207 ALR 539

Federal Court of Australia · 23 April 2004 · Official judgment

Cited by 27 indexed judgments

All Applied or followed 2 Cited 25

2004: 1 citing judgment 2006: 2 citing judgments 2007: 2 citing judgments 2010: 3 citing judgments 2012: 1 citing judgment 2013: 2 citing judgments 2015: 2 citing judgments 2016: 3 citing judgments 2017: 1 citing judgment 2019: 2 citing judgments 2021: 2 citing judgments 2022: 1 citing judgment 2023: 4 citing judgments 2024: 1 citing judgment 2004 2005 2010 2015 2020 2025
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Rubibi Community v State of Western Australia [2004] FCA 1019 Cited Federal Court of Australia · cited 6× · judgment
  2. Risk v Northern Territory of Australia [2006] FCA 404 Cited Federal Court of Australia · cited 78× · judgment
  3. Bennell v State of Western Australia [2006] FCA 1243 Cited Federal Court of Australia · cited 11× · judgment
  4. Moses v State of Western Australia [2007] FCAFC 78 Cited Federal Court of Australia (Full Court) · cited 87× · judgment
  5. King v Northern Territory of Australia [2007] FCA 944 Applied or followed Federal Court of Australia · cited 59× · judgment
  6. Sampi on behalf of the Bardi and Jawi People v State of Western Australia [2010] FCAFC 26 Cited Federal Court of Australia (Full Court) · cited 33× · judgment
  7. Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group v State of Queensland (No 2) [2010] FCA 643 Cited Federal Court of Australia · cited 73× · judgment
  8. Sampi on behalf of the Bardi and Jawi People v State of Western Australia (No 2) [2010] FCAFC 99 Cited Federal Court of Australia (Full Court) · cited 3× · judgment
  9. AB (deceased) (on behalf of the Ngarla People) v State of Western Australia (No 4) [2012] FCA 1268 Cited Federal Court of Australia · cited 16× · judgment
  10. Banjima People v State of Western Australia (No 2) [2013] FCA 868 Cited Federal Court of Australia · cited 52× · judgment
  11. Wyman on behalf of the Bidjara People v State of Queensland (No 2) [2013] FCA 1229 Cited Federal Court of Australia · cited 26× · judgment
  12. CG (Deceased) on behalf of the Badimia People v State of Western Australia [2015] FCA 204 Cited Federal Court of Australia · cited 13× · judgment
  13. Banjima People v State of Western Australia [2015] FCAFC 84 Applied or followed Federal Court of Australia (Full Court) · cited 22× · judgment
  14. Murray on behalf of the Yilka Native Title Claimants v State of Western Australia (No 5) [2016] FCA 752 Cited Federal Court of Australia · cited 22× · judgment
  15. Rrumburriya Borroloola Claim Group v Northern Territory of Australia [2016] FCA 776 Cited Federal Court of Australia · cited 9× · judgment
  16. Margarula v Northern Territory of Australia [2016] FCA 1018 Cited Federal Court of Australia · cited 4× · judgment
  17. Booth on behalf of the Kungardutyi Punthamara People v State of Queensland [2017] FCA 638 Cited Federal Court of Australia · cited 12× · judgment
  18. Ashwin on behalf of the Wutha People v State of Western Australia (No 4) [2019] FCA 308 Cited Federal Court of Australia · cited 15× · judgment
  19. Fulton on behalf of the Mambali Amaling-Gan v Northern Territory of Australia (the Minyerri and Banka Banka Matters) [2019] FCA 2156 Cited Federal Court of Australia · judgment
  20. District Council of Streaky Bay v Wilson [2021] FCAFC 181 Cited Federal Court of Australia (Full Court) · cited 10× · judgment
  21. Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) (No 5) [2021] FCA 1639 Cited Federal Court of Australia · cited 5× · judgment
  22. Malone on behalf of the Western Kangoulu People v State of Queensland (No 3) [2022] FCA 827 Cited Federal Court of Australia · cited 1× · judgment
  23. Strickland on behalf of the Maduwongga Claim Group v State of Western Australia [2023] FCA 270 Cited Federal Court of Australia · cited 6× · judgment
  24. Davey on behalf of the Gudanji, Yanyuwa and Yanyuwa-Marra Peoples v Northern Territory of Australia (No 2) [2023] FCA 455 Cited Federal Court of Australia · cited 1× · judgment
  25. Blucher on behalf of the Gaangalu Nation People v State of Queensland (No 3) [2023] FCA 600 Cited Federal Court of Australia · cited 2× · judgment
  26. Malone on behalf of the Clermont-Belyando Area Native Title Claim Group v State of Queensland [2023] FCAFC 190 Cited Federal Court of Australia (Full Court) · judgment
  27. Harris v State Minister for the State of Queensland [2024] FCA 1059 Cited Federal Court of Australia · judgment

Tree of authority

Built on

The authorities this case relies on, earliest first, and the authorities those relied on. Open a branch to go further back.

Built upon

Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

Authorities cited (25)

Earliest first, with how this judgment treated each.

  1. Boyle v Holcroft [1905] 1 IR 245 Cited cited 2×
  2. Peech v Best [1931] 1 KB 1 Cited cited 4×
  3. Australian Provincial Assurance Co Ltd v Coroneo (1938) 38 SR (NSW) 700 Applied or followed cited 34×
  4. Mason v Clarke [1955] AC 778 Cited cited 4×
  5. R v Kearney; Ex parte Japanangka [1984] HCA 13 Cited cited 20×
  6. Northern Land Council v Olney (1992) 34 FCR 470 Applied or followed cited 7×
  7. Mabo v Queensland (No 2) [1992] HCA 23 Applied or followed cited 370×
  8. Mason v Tritton (1994) 34 NSWLR 572 Applied or followed cited 36×
  9. Re Waanyi People's Native Title Application (1995) 129 ALR 100 Applied or followed cited 3×
  10. Western Australia v Commonwealth (Native Title Act Case) [1995] HCA 47 Applied or followed cited 142×
  11. Wik Peoples v Queensland [1996] HCA 40 Applied or followed cited 208×
  12. State of Western Australia v Ward, Ben & Ors [1997] FCA 585 Cited cited 42×
  13. Yarmirr v Northern Territory of Australia (1998) 156 ALR 370 Applied or followed cited 8×
  14. Ward, Ben & Ors on behalf of the Miriuwung Gajerrong People & Ors v State of Western Australia & Ors [1998] FCA 1478 Applied or followed cited 62×
  15. The Members of the Yorta Yorta Aboriginal Community v The State of Victoria & Ors [1998] FCA 1606 Cited cited 12×
  16. Fejo v Northern Territory [1998] HCA 58 Applied or followed cited 128×
  17. Hayes v Northern Territory [1999] FCA 1248 Cited cited 39×
  18. Yanner v Eaton [1999] HCA 53 Applied or followed cited 110×
  19. State of Western Australia v Ward [2000] FCA 191 Applied or followed cited 114×
  20. Wandarang, Alawa, Marra & Ngalakan Peoples v Northern Territory of Australia [2000] FCA 923 (includes orders dated 14 November 2000) [2000] FCA 923 Applied or followed cited 22×
  21. The Commonwealth v Yarmirr [2001] HCA 56 Applied or followed cited 108×
  22. De Rose v State of South Australia [2002] FCA 1342 Applied or followed cited 38×
  23. Western Australia v Ward [2002] HCA 28 Applied or followed cited 259×
  24. Wilson v Anderson [2002] HCA 29 Applied or followed cited 99×
  25. Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 Applied or followed cited 215×
How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.