Tonson v Northern Territory of Australia [2013] FCA 1087

Tonson v Northern Territory of Australia [2013] FCA 1087

The Court made the consent determination because the parties had reached and filed a written agreement on the terms of the determination, the s 66 notice period had ended, the proposed orders complied with the requirements of the Native Title Act 1993 (Cth), the Northern Territory had assessed the claim and was satisfied there was a proper basis for recognition, the parties were legally represented, no overlapping native title proceedings required s 67 orders, and the orders were within power and appropriate under s 87.

Jurisdiction
Australia
Judgment Date
31 October 2013
Procedural Posture
Native Title Determination Application / Consent Determination Pursuant to S 87 of the Native Title Act 1993 (cth)
Outcome
Native title determined by consent to exist in parts of the Determination Area, with no order as to costs.
Legal Topics
['consent Determination' 'native Title Rights and Interests' 'pastoral Lease' 'extinguishment of Native Title' 'other Interests in Determination Area' 'prescribed Body Corporate']
['native Title' 'federal Civil Procedure'] ['consent Determination' 'native Title Rights and Interests' 'pastoral Lease' 'extinguishment of Native Title' 'other Interests in Determination Area' 'prescribed Body Corporate']

Case Brief

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Procedural Posture

Native Title Determination Application / Consent Determination Pursuant to S 87 of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the Court should make a determination of native title by consent under s 87 of the Native Title Act 1993 (Cth).' "Whether the proposed determination was within the Court's power and appropriate to make." 'Whether the proposed determination identified the native title holders, the native title rights and interests, other interests, and the relationship between those interests as required by the Native Title Act 1993 (Cth).']

Ratio Decidendi

The Court made the consent determination because the parties had reached and filed a written agreement on the terms of the determination, the s 66 notice period had ended, the proposed orders complied with the requirements of the Native Title Act 1993 (Cth), the Northern Territory had assessed the claim and was satisfied there was a proper basis for recognition, the parties were legally represented, no overlapping native title proceedings required s 67 orders, and the orders were within power and appropriate under s 87.

Court Disposition

Native title determined by consent to exist in parts of the Determination Area, with no order as to costs.

Orders

  • ['There be a determination of native title in terms of the determination set out in the orders.' 'The native title is not to be held on trust.' 'An Aboriginal corporation whose name is to be provided within 12 months, or such further time as the Court may allow, is to be the prescribed body corporate for the...