Full Court Minute Books

Case P38/2018

KN (deceased) and Others (Tjiwarl and Tjiwarl#2) v. State of Western Australia & Ors

Case No.


Case Information

Lower Court Judgment

1/02/2018 Federal Court of Australia (North J, Dowsett J & Jagot J)

[2018] FCAFC 8


Native title – Extinguishment – Exploration licence – Native Title Act 1993 (Cth) s 47B – Where unallocated Crown land subject to exploration licence granted under Mining Act 1978 (WA) – Where native title determination application filed in respect of land – Where primary judge concluded s 47B applied because exploration licence not “lease” within meaning of s 47B(1)(b)(i) – Where Federal Court allowed appeal – Whether Federal Court erred in concluding exploration licence is “lease” within meaning of s 47B(1)(b)(i).

Short particulars


21/06/2018 Hearing (SLA, Perth)

05/07/2018 Notice of appeal

09/08/2018 Written submissions (Appellants)

09/08/2018 Chronology (Appellants)

10/09/2018 Written submissions (First Respondent)

20/09/2018 Reply

08/11/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

08/11/2018 Outline of oral argument (Appellant)

08/11/2018 Outline of oral argument (First Respondent)

17/04/2019 Judgment (Judgment summary)