Samson on behalf of the Ngarluma People v State of Western Australia [2015] FCA 1438

Samson on behalf of the Ngarluma People v State of Western Australia [2015] FCA 1438

It is appropriate and within power for the Court to make the consent determination because all statutory requirements under s 87 of the Native Title Act have been satisfied, the proposed orders are consistent with earlier court findings establishing the identity and native title rights of the Ngarluma People, and the parties have freely agreed to the terms without any outstanding objections or unaddressed interests.

Jurisdiction
Australia
Judgment Date
21 December 2015
Procedural Posture
Native Title Determination Application / Consent Determination; Final Judgment
Outcome
Consent orders made – native title determination in the terms sought granted; nomination of Ngarluma Aboriginal Corporation RNTBC as prescribed body corporate approved; no order as to costs.
Legal Topics
['consent Determination of Native Title' 'requirements Under S 87 of the Native Title Act 1993 (cth)' "native Title Holders' Nomination of Prescribed Body Corporate"]
['native Title' 'aboriginal and Torres Strait Islander Law'] ['consent Determination of Native Title' 'requirements Under S 87 of the Native Title Act 1993 (cth)' "native Title Holders' Nomination of Prescribed Body Corporate"]

Case Brief

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Procedural Posture

Native Title Determination Application / Consent Determination; Final Judgment

Legal Issues

  1. 1 ['Is the proposed consent determination of native title within power and appropriate under s 87 of the Native Title Act 1993 (Cth)?' 'Are the requirements for making a native title determination by consent without a hearing satisfied?']

Ratio Decidendi

It is appropriate and within power for the Court to make the consent determination because all statutory requirements under s 87 of the Native Title Act have been satisfied, the proposed orders are consistent with earlier court findings establishing the identity and native title rights of the Ngarluma People, and the parties have freely agreed to the terms without any outstanding objections or unaddressed interests.

Court Disposition

Consent orders made – native title determination in the terms sought granted; nomination of Ngarluma Aboriginal Corporation RNTBC as prescribed body corporate approved; no order as to costs.

Orders

  • ['There be a determination of native title in WAD 165 of 2008 in terms of Annexure One attached to these orders.' 'The Ngarluma Aboriginal Corporation RNTBC (ICN 4511) shall hold the determined native title in trust for the native title holders pursuant to section 56(2) of the Native Title Act 1993 (Cth).' 'There be...