Ward v State of Western Australia [2006] FCA 1848

Ward v State of Western Australia [2006] FCA 1848

It is appropriate for the Court to make orders determining native title by consent under s87 of the Native Title Act 1993 (Cth), where parties base agreement on prior undisturbed findings and have freely and informedly resolved the matter, and requirements for prescribed body corporate have been met.

Jurisdiction
Australia
Judgment Date
24 November 2006
Procedural Posture
Native Title Determination / Final Determination by Consent
Outcome
Native title determined by consent; prescribed body corporate designated; no order as to costs.
Legal Topics
['consent Determination' 'prescribed Body Corporate' 'native Title Act Procedure' 'resolution by Agreement']
['native Title' 'property Law'] ['consent Determination' 'prescribed Body Corporate' 'native Title Act Procedure' 'resolution by Agreement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Native Title Determination / Final Determination by Consent

Legal Issues

  1. 1 ["Extent of the Court's satisfaction with factual basis for determination under s87 of the Native Title Act" 'Appropriateness of making orders by consent' 'Designation of prescribed body corporate']

Ratio Decidendi

It is appropriate for the Court to make orders determining native title by consent under s87 of the Native Title Act 1993 (Cth), where parties base agreement on prior undisturbed findings and have freely and informedly resolved the matter, and requirements for prescribed body corporate have been met.

Court Disposition

Native title determined by consent; prescribed body corporate designated; no order as to costs.

Orders

  • ['There be a determination of native title in the terms set out.' 'Native title rights and interests held in trust by Miriuwung and Gajerrong #4 Aboriginal Corporation for common law holders.' 'No order as to costs.']