Roberts on behalf of the Najig and the Guyanggan Nganawirdbird Groups v Northern Territory of Australia (No 2) [2012] FCA 254

Roberts on behalf of the Najig and the Guyanggan Nganawirdbird Groups v Northern Territory of Australia (No 2) [2012] FCA 254

Because the parties in NTD 6026 of 2002 had reached a consent determination seeking a determination that native title exists, while in NTD 6001 of 2001 a consent determination was being sought that no native title exists, it was appropriate and necessary to de-consolidate the hearing of the two proceedings.

Jurisdiction
Australia
Judgment Date
20 March 2012
Procedural Posture
Native Title Proceedings / Order De Consolidating Proceedings Previously Ordered to Be Heard Together
Outcome
The proceedings were ordered to be heard separately.
Legal Topics
['consent Determination' 'separate Hearings' 'de Consolidation of Proceedings']
['native Title' 'civil Procedure'] ['consent Determination' 'separate Hearings' 'de Consolidation of Proceedings']

Case Brief

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Procedural Posture

Native Title Proceedings / Order De Consolidating Proceedings Previously Ordered to Be Heard Together

Legal Issues

  1. 1 ['Whether proceedings NTD 6001 of 2001 (Mataranka) and NTD 6026 of 2002 (Town of Mataranka), previously ordered to be heard together, should be heard separately.']

Ratio Decidendi

Because the parties in NTD 6026 of 2002 had reached a consent determination seeking a determination that native title exists, while in NTD 6001 of 2001 a consent determination was being sought that no native title exists, it was appropriate and necessary to de-consolidate the hearing of the two proceedings.

Court Disposition

The proceedings were ordered to be heard separately.

Orders

  • ['The proceedings NTD 6001 of 2001 (Mataranka) and NTD 6026 of 2002 (Town of Mataranka) are to be heard separately.']