Hunter v State of Western Australia [2009] FCA 654

Hunter v State of Western Australia [2009] FCA 654

The Court had power to make the proposed determinations, the statutory requirements of ss 87 and 87A were met, the agreement was made by legally represented parties after mediation and detailed State consideration of connection material, and it was appropriate to make the consent orders and determine Nyangumarta Warrarn Aboriginal Corporation as the prescribed body corporate trustee.

Jurisdiction
Australia
Judgment Date
11 June 2009
Procedural Posture
Native Title Determination Applications / Consent Determination Under Ss 87 and 87 a of the Native Title Act 1993 (cth)
Outcome
Consent determination of native title made for Determination Area Part A; Nyangumarta Warrarn Aboriginal Corporation determined to be the prescribed body corporate trustee; no order as to costs.
Legal Topics
['consent Determination' 'appropriateness of Orders Under S 87 a of the Native Title Act 1993 (cth)' 'prescribed Body Corporate' 'native Title Rights and Interests' 'mediation']
['native Title'] ['consent Determination' 'appropriateness of Orders Under S 87 a of the Native Title Act 1993 (cth)' 'prescribed Body Corporate' 'native Title Rights and Interests' 'mediation']

Case Brief

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Procedural Posture

Native Title Determination Applications / Consent Determination Under Ss 87 and 87 a of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the Court had power to make the proposed consent determination of native title under ss 87 and 87A of the Native Title Act 1993 (Cth).' 'Whether it was appropriate to make the orders sought by consent without hearing evidence.' 'Whether Nyangumarta Warrarn Aboriginal Corporation should be determined to be the prescribed body corporate trustee of the native title rights and interests.']

Ratio Decidendi

The Court had power to make the proposed determinations, the statutory requirements of ss 87 and 87A were met, the agreement was made by legally represented parties after mediation and detailed State consideration of connection material, and it was appropriate to make the consent orders and determine Nyangumarta Warrarn Aboriginal Corporation as the prescribed body corporate trustee.

Court Disposition

Consent determination of native title made for Determination Area Part A; Nyangumarta Warrarn Aboriginal Corporation determined to be the prescribed body corporate trustee; no order as to costs.

Orders

  • ['It is satisfied that an order in the terms proposed in the attached Minute of Consent Determination of Native Title Area "A" is within the power of the Court and is appropriate to be made pursuant to section 87A(4) and 94A of the Native Title Act 1993 (Cth).' 'There be a determination of native title in the terms...