Freddie on behalf of the Kankawarla, Kanturrpa, Kurtinja, Patta, Pirrtangu, Purrurtu and Warupunju landholding groups v Northern Territory of Australia [2019] FCA 1024

Freddie on behalf of the Kankawarla, Kanturrpa, Kurtinja, Patta, Pirrtangu, Purrurtu and Warupunju landholding groups v Northern Territory of Australia [2019] FCA 1024

The Court was satisfied that the requirements of s 87(1) of the Native Title Act 1993 (Cth) were met, with parties agreeing to all terms, proper notice period completed, and no competing claims. The evidence, including an anthropological report, established traditional connection to the land. Consequently, the Court determined by consent that native title exists in the Determination Area on terms as agreed.

Jurisdiction
Australia
Judgment Date
04 July 2019
Procedural Posture
Native Title Determination Application / Final Determination by Consent
Outcome
Determination of native title made by consent in favour of the Applicants for the Determination Area, subject to limitations.
Legal Topics
['determination of Native Title' 'consent Orders' 'section 87 Native Title Act 1993 (cth)' 'recognition of Native Title Rights and Interests' 'effect of Public Works and Other Interests' 'relationship Between Native Title and Statutory Interests']
['native Title' 'aboriginal Law'] ['determination of Native Title' 'consent Orders' 'section 87 Native Title Act 1993 (cth)' 'recognition of Native Title Rights and Interests' 'effect of Public Works and Other Interests' 'relationship Between Native Title and Statutory Interests']

Case Brief

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Procedural Posture

Native Title Determination Application / Final Determination by Consent

Legal Issues

  1. 1 ['Whether the requirements of s 87(1) of the Native Title Act 1993 (Cth) have been met for a consent determination of native title' 'Whether it is appropriate for the Court to make the orders by consent' 'Whether the orders are within the power of the Court under the Act']

Ratio Decidendi

The Court was satisfied that the requirements of s 87(1) of the Native Title Act 1993 (Cth) were met, with parties agreeing to all terms, proper notice period completed, and no competing claims. The evidence, including an anthropological report, established traditional connection to the land. Consequently, the Court determined by consent that native title exists in the Determination Area on terms as agreed.

Court Disposition

Determination of native title made by consent in favour of the Applicants for the Determination Area, subject to limitations.

Orders

  • ['There be a Determination of native title in terms of the Determination set out in the judgment.' 'The Determination is to take effect immediately upon the making of an order under s 56(2)(b) or s 57(2) of the Native Title Act 1993 (Cth) (with provisions if such is not made within 12 months).' 'Liberty to apply...