Ngalpil v State of Western Australia [2003] FCA 1098

Ngalpil v State of Western Australia [2003] FCA 1098

The Court was satisfied that Mr Skeahan, as a representative of the common law holders, nominated Tjurabalan Native Title Land Aboriginal Corporation; that the Corporation satisfied the requirements of reg 4 of the Native Title (Prescribed Bodies Corporate) Regulations 1999; and that the Corporation gave, and in any event ratified, written consent to hold the native title rights and interests in trust. The Corporation was therefore nominated in accordance with the earlier orders and should hold the native title in trust for the common law holders.

Jurisdiction
Australia
Judgment Date
09 October 2003
Procedural Posture
Native Title Determination; Nomination of Prescribed Body Corporate / Reasons for Judgment and Order on Nomination of Prescribed Body Corporate After Consent Determination of Native Title
Outcome
Tjurabalan Native Title Land Aboriginal Corporation determined to hold the native title rights and interests in trust for the common law holders.
Legal Topics
['prescribed Body Corporate' 'native Title Held in Trust' 'nomination and Written Consent' 'native Title (prescribed Bodies Corporate) Regulations 1999']
['native Title' 'aboriginal Corporations' 'trusts'] ['prescribed Body Corporate' 'native Title Held in Trust' 'nomination and Written Consent' 'native Title (prescribed Bodies Corporate) Regulations 1999']

Case Brief

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Procedural Posture

Native Title Determination; Nomination of Prescribed Body Corporate / Reasons for Judgment and Order on Nomination of Prescribed Body Corporate After Consent Determination of Native Title

Legal Issues

  1. 1 ['Whether a representative of the common law holders of the native title rights and interests made the required nomination in writing.' 'Whether Tjurabalan Native Title Land Aboriginal Corporation was a prescribed body corporate for the purposes of the Native Title Act 1993 (Cth).' 'Whether Tjurabalan Native Title Land Aboriginal Corporation gave its written consent to be trustee of the native title rights and interests.']

Ratio Decidendi

The Court was satisfied that Mr Skeahan, as a representative of the common law holders, nominated Tjurabalan Native Title Land Aboriginal Corporation; that the Corporation satisfied the requirements of reg 4 of the Native Title (Prescribed Bodies Corporate) Regulations 1999; and that the Corporation gave, and in any event ratified, written consent to hold the native title rights and interests in trust. The Corporation was therefore nominated in accordance with the earlier orders and should hold the native title in trust for the common law holders.

Court Disposition

Tjurabalan Native Title Land Aboriginal Corporation determined to hold the native title rights and interests in trust for the common law holders.

Orders

  • ['Pursuant to ss 55 and 56 of the Native Title Act 1993 (Cth) the Court determines that Tjurabalan Native Title Land Aboriginal Corporation is to hold the rights and interests from time to time comprising the native title the subject of the Determination made on 20 August 2001 in trust for the common law holders...