Starkey on behalf of the Kokatha People v SA

(2018) 261 FCR 183; [2018] FCAFC 36

Full Court of the Federal Court16 March 2018

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Interrogate

Catchwords

1. Native Title
1. consideration of the principles applying to the requisite connection inquiry
1. consideration of the fundamental matters determined by a determination of native title under the Native Title Act 1993 (Cth)
1. consideration of the role of an appeal court

Quick Take

The majority's strict application of Fox v Percy principles limits appellate intervention on factual findings, while Jagot J's dissenting analysis—which may influence future cases—addresses the effect of consent determinations and the possibility of shared native title determinations.

Case Details

Citation[2018] FCAFC 36

Reported(2018) 261 FCR 183

CourtFCAFC

JurisdictionCommonwealth

Decision Date16 March 2018

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Cited by31

2026Gilla on behalf of the Yugunga-nya People v State of Western Australia (No 5)FCA 1255
2026Baker on behalf of the Muluridji People #3 v State of Queensland (No 2)FCA 933
2026Neal on behalf of the Djungan People #5 v State Minister for the State of QueenslandFCA 492
2025Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western AustraliaFCA 1641
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