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Native Title annual report 2010–2011 report annual AUSTRALIA F O COURT FEDERAL 2010–2011 ANNUAL REPORT O FEDERAL COURT Singleton, NT Singleton, F AUSTRALIA Awabakal Local Aboriginal Land Council, Darkinjung Local Aboriginal Land Council Darkinjung Local Aboriginal Land Council, Awabakal Local Byron Bay, Rubibi Community, Karajarri People (Area A), Metropolitan Local Aboriginal Metropolitan Local A), Karajarri People (Area Rubibi Community, Byron Bay, Determination, Ngururrpa, Ngurrara Part A, Githalbul People, Eastern Kuku Yalanji People, People, Yalanji Eastern Kuku Githalbul People, A, Ngurrara Part Ngururrpa, Determination, ON COUNTRY Gunai/Kurnai People, Gunai/Kurnai People, Darkinjung Local Aboriginal Land Council, Wellesley Islands Sea Claim, Darug People, Davenport/Murchison, Davenport/Murchison, Darug People, Wellesley Islands Sea Claim, Aboriginal Land Council, Darkinjung Local , Urapunga, Meriam People, Bar-Barrum People, Darkinjung Local Aboriginal Land Council (2001), Tjurabalan Aboriginal Land Council (2001), Darkinjung Local Bar-Barrum People, Meriam People, Urapunga, , Land Council (Municipality of Ku-Ring-Gai), Metropolitan Local Aboriginal Land Council (Shire of Hornsby), Darkinjung Aboriginal Land Council (Shire of Hornsby), Metropolitan Local Land Council (Municipality of Ku-Ring-Gai), Kulkalgal People, Djabugay People, Ngarluma/Yindjibarndi, Nowra Local Aboriginal Land Council, Ngaanyatjarra Lands Aboriginal Land Council, Nowra Local Ngarluma/Yindjibarndi, Djabugay People, Kulkalgal People, NT Portion 2406, NT Portion 2406, Torres Strait Islanders Regional Seas Claim, Strait Islanders Regional Seas Claim, Torres Jirrbal People #1, Jirrbal People #1, Miriuwung-Gajerrong (Western Australia Area 2), Buru & Warul Kawa, Garboi, Warraberalgal, Porumalgal & Iama Peoples, Yarpar & Uttu, Blue & Uttu, Yarpar Porumalgal & Iama Peoples, Warraberalgal, Garboi, Kawa, Warul Buru & Area 2), Australia Miriuwung-Gajerrong (Western Dunghutti People, Metropolitan Local Aboriginal Land Council (Duffy’s Forest), Hopevale, Croker Island, Western (Sunset) Yalanji, Yorta Yorta, Yorta, Yorta Yalanji, (Sunset) Western Croker Island, Hopevale, Forest), Aboriginal Land Council (Duffy’s Metropolitan Local Dunghutti People, NATIVE TITLE NATIVE LAW Eden Local Aboriginal Land Council #2 Eden Local Miriuwung-Gajerrong, Miriuwung-Gajerrong, Newhaven, Newhaven, Eastern Guruma, Gunditjmara, Noonkanbah, Deniliquin Local Aboriginal Land Council, Strathgordon Claim, Tennant Creek No. 2, Newcastle Waters – Murranji Waters Newcastle 2, Creek No. Tennant Strathgordon Claim, Aboriginal Land Council, Deniliquin Local Noonkanbah, Gunditjmara, Eastern Guruma, Waanyi Peoples, Peoples, Waanyi Yeta, Damaralag), Kaurareg People (Ngurupai), Kaurareg People (Zuna), Deniliquin Local Aboriginal Land Council, Metropolitan Local Aboriginal Land Council Metropolitan Local Aboriginal Land Council, Deniliquin Local Kaurareg People (Zuna), Kaurareg People (Ngurupai), Damaralag), Yeta, Determination No. 3, 3, Determination No. People, Kiwirrkurra People, Kiwirrkurra People, People, (Part A), (Part A), Yankunytjatjara/Antakirinja, Timber Creek, Forster Local Aboriginal Land Council, Ulladulla Local Aboriginal Land Council, Illawarra Local Aboriginal Land Council, Aboriginal Land Council, Illawarra Local Aboriginal Land Council, Ulladulla Local Aboriginal Land Council, Forster Local Timber Creek, Yankunytjatjara/Antakirinja, (2005), Western Yalanji People, Larrakia (Part A – consolidated proceeding), Mandingalbay Yidinji People, Rubibi Community, Eden Local Aboriginal Land Council, Aboriginal Land Council, Eden Local Rubibi Community, Yidinji People, Mandingalbay A – consolidated proceeding), Larrakia (Part People, Yalanji Western (2005), Mud Bay No. 2, Bardi & Jawi Native Title Determination, Title Determination, Bardi & Jawi Native 2, Mud Bay No. (Forestville), (Forestville), Wanjina-Wunggurr Wilinggin Native Title Determination No 1, Karajarri People (Area B), Wik & Wik Way Native Title Determination No. 2, Wik & Wik Way Native Title Native Way Wik Wik & 2, Title Determination No. Native Way Wik Wik & Karajarri People (Area B), Title Determination No 1, Wilinggin Native Wanjina-Wunggurr (Roper River), Nharnuwangga, Wik and Wik-Way Peoples, Darkinjung Local Aboriginal Land Council (2000), Bodney, Spinifex People, Kaurareg People (Mipa, Tarilag, Tarilag, Kaurareg People (Mipa, Spinifex People, Bodney, Aboriginal Land Council (2000), Darkinjung Local Wik-Way Peoples, Wik and Nharnuwangga, (Roper River), Portion 2406, Portion 2406, Mabo, Mabo, Torres Strait Islanders Regional Seas Claim, Strait Islanders Regional Seas Claim, Torres Moa Island, Saibai Island, Alice Springs, Dauan People, Mabuiag People, Masig People & Damuth People, Porumalgal Poruma People, Warraber People, St Vidgeon’s Vidgeon’s St People, Warraber Porumalgal Poruma People, Masig People & Damuth People, Mabuiag People, Dauan People, Alice Springs, Saibai Island, Moa Island, Local Aboriginal Land Council (2002), Castle Hills, Ilfracombe Shire Council, Martu & Ngurrara, De Rose Hill, Bahtahbah Local Aboriginal Land Council, Aboriginal Land Council, Bahtahbah Local De Rose Hill, Martu & Ngurrara, Ilfracombe Shire Council, Castle Hills, Aboriginal Land Council (2002), Local Website 47 Published information 47 Access to judgments 47 Information for the media and televised judgments 47 Community relations 48 Complaints about the Court’s processes 50 Involvement in legal education programs and legal reform activities 50 Work with international jurisdictions 50 Introduction 50 Pacific Judicial Development Programme 51 Supreme People’s Court, People’s Republic of China 51 N CONTENTS Supreme Court of Indonesia 52 G Supreme People’s Court of Vietnam 52 ESI Supreme and National Court of Justice, Papua New Guinea 52 & D Library Services to the South Pacific 53 Visitors to the Court 53 Part 1 – OverVIEW OF THE FEDERAL COURT OF AUSTRALIA 2 Establishment 2 Part 4 – MANAGEMENT OF THE COURT 54 Functions and powers 2 Federal Court governance 56 USINESSWRITERS Objectives 2 Federal Court registry management structure 56 B Judges’ committees 56 BY The Court’s outcome and program structure 3 Judges of the Court 3 Judges’ meetings 56 Federal Court registries 8 Corporate functions 56 Financial management 57 produced Part 2 – THE YEAR IN REVIEW 10 Financial accounts 57 Introduction 12 AND Audit and risk management 58 Significant issues and developments 12 External scrutiny 58 NED Native Title Review of Caseload and Priority Setting 12 Purchasing 58 G Revision of the Federal Court Rules 14 Consultants 58 DESI Freedom of information 15 Competitive tendering and contracting 59 The Court’s performance 15 Advertising and marketing services 59 Workload 15 Human resources 59 Performance against time goals 16 Property management 65 Financial management and organisational performance 17 Technology services 67 eServices strategy 68 Image of Court 1 in Sydney provided by www.zoomproductions.com.au Library and information services 69 ANNUAL REPORT: FEDERAL COURT OF AUSTRALIA Part 3 – THE WORK OF THE COurt in 2010–11 18 ISSN 1035-5863 (PRINT VERSION)ISSN 1835-1565 (ONLINE VERSION) Introduction 20 Part 5 – APPENDICES 70 © Commonwealth of Australia 2011 Management of cases and deciding disputes 20 Appendix 1 Financial statements 72 The Court’s jurisdiction 20 All material presented in this publication is provided under a Creative Appendix 2 Agency resource statement 118 Commons Attribution 3.0 Australia (http://creativecommons.org/licenses/ Changes to the Court’s jurisdiction in 2010–11 22 Appendix 3 Federal Court Management structure 119 by/3.0/au/deed.en) licence. Amendments to the Federal Court of Australia Act 22 Appendix 4 Registrars of the Court 120 Amendments to the Federal Court of Australia Regulations 22 For the avoidance of doubt, this means this licence only applies to material Appendix 5 Statutes of the Court 123 as set out in this document. Federal Court Rules and Practice Notes 23 Appendix 6 Workload statistics 127 Workload of the Federal Court and Federal Magistrates Court 24 Appendix 7 Work of the tribunals 147 Case flow management of the Court’s jurisdiction 25 Appendix 8 Summary of decisions of interest 151 Delivery of judgments 26 The details of the relevant licence conditions are available on the Creative Appendix 9 Judges’ participation in legal reform activities and Commons website (accessible using the links provided) as is the full legal The workload of the Court in its original jurisdiction 26 international committees and conferences in 2010–11 172 code for the CC BY 3.0 AU licence The Court’s appellate jurisdiction 28 Appendix 10 Staffing profile 185 (http://creativecommons.org/licenses/by/3.0/legalcode). The appellate workload 29 Appendix 11 Information on consulting services for 2010–11 188 Managing migration appeals 30 Use of the Coat of Arms Appendix 12 Statement under Section 8 of the Freedom of Information The terms under which the Coat of Arms can be used are detailed The Court’s native title jurisdiction 31 Act 1982 for the period 1 July 2010 to 30 April 2011 190 on the It’s an Honour Assisted Dispute Resolution (ADR) 35 Appendix 13 Compliance with annual report requirements 192 (http://www.itsanhonour.gov.au/coat-arms/index.cfm) website. Mediations held in the reporting period 39 Management of cases and deciding disputes by Tribunals 41 Index 196 Contact us Glossary 201 Inquiries regarding the licence and any use of this document should Improving access to the Court and contributing Federal Court registries 204
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