Anderson v State of Western Australia [2003] FCA 1058

Anderson v State of Western Australia [2003] FCA 1058

Due to the filing of a comprehensive single Noongar claim and the lack of progress on individual claims, the Court directed the applicants and the State, in conjunction with the National Native Title Tribunal, to develop regional mediation and negotiation programs to resolve all relevant South West native title applications, with specific timetables, protocols, and provision for taking of evidence and referral of legal and factual issues, supported by regular review by the Court.

Jurisdiction
Australia
Judgment Date
02 October 2003
Procedural Posture
Native Title Determination Applications / Directions Hearing / Pre Trial Management
Outcome
Directions and procedural orders made; regional mediation program established; future review dates set.
Legal Topics
['practice and Procedure' 'mediation Programs' 'claim Consolidation' 'overlap of Native Title Claims' 'directions for Evidence and Programming']
['native Title Law'] ['practice and Procedure' 'mediation Programs' 'claim Consolidation' 'overlap of Native Title Claims' 'directions for Evidence and Programming']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Native Title Determination Applications / Directions Hearing / Pre Trial Management

Legal Issues

  1. 1 ['How to manage and resolve overlapping and consolidated native title claims in the South West region of Western Australia' 'Whether to establish a new regional mediation program and protocols' 'Whether to program certain claims for trial or maintain mediation focus' 'Procedural steps for combination, consolidation and timetabling of claims']

Ratio Decidendi

Due to the filing of a comprehensive single Noongar claim and the lack of progress on individual claims, the Court directed the applicants and the State, in conjunction with the National Native Title Tribunal, to develop regional mediation and negotiation programs to resolve all relevant South West native title applications, with specific timetables, protocols, and provision for taking of evidence and referral of legal and factual issues, supported by regular review by the Court.

Court Disposition

Directions and procedural orders made; regional mediation program established; future review dates set.

Orders

  • ['Applicants and the State, with the National Native Title Tribunal, are to prepare a negotiated mediation program for the applications, to commence 1 January 2004, covering issues to negotiate, timetable, protocol, provision for connexion evidence, and identification of key legal/factual questions.' 'Program to be...