Hayes on behalf of the Thalanyji People v State of Western Australia [2008] FCA 1487

Hayes on behalf of the Thalanyji People v State of Western Australia [2008] FCA 1487

The consent determination of native title rights and interests in favour of the Thalanyji people is within the Court's power and appropriate to make given the evidence, legal representation of all parties, the mediation process, the comprehensive assessment by the State, and compliance with statutory requirements for prescribed body corporate nomination and consent.

Jurisdiction
Australia
Judgment Date
18 September 2008
Procedural Posture
Native Title Application / Consent Determination Under S 87 of the Native Title Act 1993 (cth)
Outcome
Consent determination of native title made in favour of the Thalanyji people. Orders made for nomination and recognition of the prescribed body corporate.
Legal Topics
['consent Determination' 'prescribed Body Corporate' 'native Title Requirements' 'agreement Under S 87' 'recognition of Indigenous Rights' 'procedural Requirements']
['native Title'] ['consent Determination' 'prescribed Body Corporate' 'native Title Requirements' 'agreement Under S 87' 'recognition of Indigenous Rights' 'procedural Requirements']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the consent determination is within the power of the Court under s 87 of the Native Title Act 1993 (Cth)' 'Whether it is appropriate to make orders by consent' 'Requirements for prescribed body corporate under ss 55 and 56 of the Native Title Act']

Ratio Decidendi

The consent determination of native title rights and interests in favour of the Thalanyji people is within the Court's power and appropriate to make given the evidence, legal representation of all parties, the mediation process, the comprehensive assessment by the State, and compliance with statutory requirements for prescribed body corporate nomination and consent.

Court Disposition

Consent determination of native title made in favour of the Thalanyji people. Orders made for nomination and recognition of the prescribed body corporate.

Orders

  • ['See Minute of Proposed Consent Determination of Native Title dated 5 September 2008 as attached.' 'Buurabalayji Thalanyji Aboriginal Corporation recognised as prescribed body corporate/trustee under s 56 of the Native Title Act 1993 (Cth)']