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Banjima People v State of Western Australia

[2015] FCAFC 84 ; (2015) 231 FCR 456

Federal Court of Australia (Full Court) · 12 June 2015 · Official judgment

Cited by 22 indexed judgments

All Applied or followed 1 Cited 21

2015: 1 citing judgment 2016: 4 citing judgments 2017: 2 citing judgments 2018: 3 citing judgments 2019: 3 citing judgments 2020: 3 citing judgments 2021: 1 citing judgment 2022: 1 citing judgment 2023: 4 citing judgments 2015 2016 2018 2020 2022 2024 2026
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Banjima People v State of Western Australia (No 2) [2015] FCAFC 171 Cited Federal Court of Australia (Full Court) · cited 6× · judgment
  2. State of Western Australia v Banjima People [2016] FCAFC 46 Cited Federal Court of Australia (Full Court) · cited 5× · judgment
  3. BP (Deceased) on behalf of the Birriliburu People v State of Western Australia [2016] FCA 671 Cited Federal Court of Australia · cited 6× · judgment
  4. Hughes on behalf of the Eastern Guruma People v State of Western Australia (No 3) [2016] FCA 840 Cited Federal Court of Australia · cited 1× · judgment
  5. Narrier v State of Western Australia [2016] FCA 1519 Cited Federal Court of Australia · cited 24× · judgment
  6. Helicopter Tjungarrayi on behalf of the Ngurra Kayanta People v State of Western Australia (No 2) [2017] FCA 587 Cited Federal Court of Australia · cited 3× · judgment
  7. Warrie (formerly TJ) (on behalf of the Yindjibarndi People) v State of Western Australia [2017] FCA 803 Cited Federal Court of Australia · cited 10× · judgment
  8. BHP Billiton Nickel West Pty Ltd v KN (Deceased) (TJIWARL and TJIWARL #2) [2018] FCAFC 8 Cited Federal Court of Australia (Full Court) · cited 19× · judgment
  9. Starkey on behalf of the Kokatha People v State of South Australia [2018] FCAFC 36 Cited Federal Court of Australia (Full Court) · cited 23× · judgment
  10. Attorney-General v Helicopter-Tjungarrayi (Ngurra Kayanta & Ngurra Kayanta #2) [2018] FCAFC 35 Cited Federal Court of Australia (Full Court) · cited 8× · judgment
  11. Drury on behalf of the Nanda People v State of Western Australia [2019] FCA 1138 Cited Federal Court of Australia · cited 4× · judgment
  12. Roberts on behalf of the Widjabul Wia-Bal v Attorney-General of New South Wales [2019] FCA 1158 Cited Federal Court of Australia · cited 3× · judgment
  13. Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People [2019] FCAFC 177 Cited Federal Court of Australia (Full Court) · cited 25× · judgment
  14. Drury on behalf of the Nanda People v State of Western Australia [2020] FCAFC 69 Cited Federal Court of Australia (Full Court) · cited 20× · judgment
  15. Roberts on behalf of the Widjabul Wia-Bal People v Attorney-General of New South Wales [2020] FCAFC 103 Cited Federal Court of Australia (Full Court) · cited 4× · judgment
  16. Yindjibarndi Aboriginal Corporation RNTBC v State of Western Australia [2020] FCA 1416 Cited Federal Court of Australia · cited 5× · judgment
  17. Stuart v State of South Australia (Oodnadatta Common Overlap Proceeding) (No 4) [2021] FCA 1620 Applied or followed Federal Court of Australia · cited 2× · judgment
  18. Tucker v State of Western Australia [2022] FCA 1379 Cited Federal Court of Australia · cited 1× · judgment
  19. Nona on behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland (No 5) [2023] FCA 135 Cited Federal Court of Australia · cited 2× · judgment
  20. Stuart v State of South Australia [2023] FCAFC 131 Cited Federal Court of Australia (Full Court) · cited 2× · judgment
  21. Colbung on behalf of the Karratjibbin People v State of Western Australia (No 2) [2023] FCA 1449 Cited Federal Court of Australia · judgment
  22. 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

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 (50)

Earliest first, with how this judgment treated each.

  1. (1876) 1 PD 283 Cited cited 27×
  2. Dearman v Dearman [1908] HCA 84 Cited cited 67×
  3. Toronto Suburban Railway Co v Toronto Corporation [1915] AC 590 Cited cited 32×
  4. Minister for Lands (NSW) v Jeremias [1917] HCA 41 Cited cited 35×
  5. Commissioner for Railways (NSW) v Agalianos [1955] HCA 27 Cited cited 194×
  6. Council of the City of Newcastle v Royal Newcastle Hospital (1959) 100 CLR 1 Cited cited 41×
  7. Newcastle City Council v Royal Newcastle Hospital [1959] 1 All ER 734 Cited
  8. Newcastle City Council v Royal Newcastle Hospital [1959] AC 248 Cited cited 30×
  9. Newcastle City Council v Royal Newcastle Hospital [1959] ALR 817 Cited
  10. Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 Cited cited 67×
  11. Taylor v Public Service Board (NSW) [1976] HCA 36 Cited cited 55×
  12. Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] HCA 26 Cited cited 693×
  13. Australian Softwood Forests Pty Ltd v Attorney-General (NSW) [1981] HCA 49 Cited cited 96×
  14. South West Water Authority v Rumble's [1985] AC 609 Cited cited 38×
  15. K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd [1985] HCA 48 Cited cited 194×
  16. Mabo v Queensland (No 2) (1992) 107 ALR 1 Cited cited 6×
  17. Mabo v Queensland (No 2) [1992] HCA 23 Cited cited 370×
  18. Devries v Australian National Railways Commission [1993] HCA 78 Cited cited 520×
  19. Biogen Inc v Medeva plc (1996) 36 IPR 438 Cited cited 14×
  20. Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 Cited cited 2,785×
  21. Fejo v Northern Territory [1998] HCA 58 Cited cited 128×
  22. Hayes v Northern Territory [1999] FCA 1248 Cited cited 39×
  23. Commonwealth of Australia v Yarmirr [1999] FCA 1668 Cited cited 28×
  24. State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) [1999] HCA 3 Cited cited 463×
  25. Yanner v Eaton [1999] HCA 53 Cited cited 110×
  26. State of Western Australia v Ward [2000] FCA 191 Cited cited 114×
  27. Members of the Yorta Yorta Aboriginal Community v State of Victoria [2001] FCA 45 Cited cited 20×
  28. Rubibi Community & Anor v The State of Western Australia & Ors [2001] FCA 607 Applied or followed cited 25×
  29. Andrew Passi on behalf of the Meriam People v State of Queensland [2001] FCA 697 Cited cited 14×
  30. The Commonwealth v Yarmirr [2001] HCA 56 Cited cited 108×
  31. Western Australia v Ward [2002] HCA 28 Cited cited 259×
  32. Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 Cited cited 215×
  33. Neowarra v State of Western Australia [2003] FCA 1402 Cited cited 53×
  34. Fox v Percy [2003] HCA 22 Cited cited 1,476×
  35. The Alyawarr, Kaytetye, Warumungu, Wakay Native Title Claim Group v Northern Territory of Australia [2004] FCA 472 Applied or followed cited 27×
  36. Daniel v State of Western Australia [2005] FCA 178 Cited cited 6×
  37. Sampi v State of Western Australia [2005] FCA 777 Cited cited 64×
  38. De Rose v State of South Australia (No 2) [2005] FCAFC 110 (including summary) [2005] FCAFC 110 Cited cited 74×
  39. Northern Territory of Australia v Alyawarr, Kaytetye, Warumungu, Wakaya Native Title Claim Group [2005] FCAFC 135 Applied or followed cited 81×
  40. Risk v Northern Territory of Australia [2006] FCA 404 Cited cited 78×
  41. Rubibi Community v State of Western Australia (No 7) [2006] FCA 459 Cited cited 29×
  42. CSR Ltd v Della Maddalena [2006] HCA 1 Cited cited 103×
  43. Griffiths v Northern Territory of Australia [2007] FCAFC 178 Overruled or disapproved cited 30×
  44. Moses v State of Western Australia [2007] FCAFC 78 Applied or followed cited 87×
  45. Bodney v Bennell [2008] FCAFC 63 Cited cited 57×
  46. The State of Western Australia v Sebastian [2008] FCAFC 65 Applied or followed cited 28×
  47. Banjima People v State of Western Australia (No 2) [2013] FCA 868 Cited cited 52×
  48. Banjima People v State of Western Australia (No 3) [2014] FCA 201 Cited cited 9×
  49. Griffiths v Northern Territory of Australia [2014] FCA 256 Cited cited 5×
  50. Western Australia v Brown [2014] HCA 8 Cited cited 36×
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.