Nelson v Northern Territory of Australia [2010] FCA 1343

Nelson v Northern Territory of Australia [2010] FCA 1343

The Court determined it was appropriate to make a native title determination by consent under s 87 of the Native Title Act 1993 (Cth), finding that the parties’ agreement was free and informed, supported by anthropological evidence and competent legal representation, and that the proposed orders were unambiguous and clear.

Parties
Applicant: Harry Jakamarra Nelson; Applicant: Jacob Jungarrayi Spencer; Applicant: Bob Jupurrurla Dixon; First Respondent: Northern Territory of Australia; Second Respondent: Australian Wildlife Conservancy
Jurisdiction
Australia
Judgment Date
08 December 2010
Procedural Posture
Native Title Consent Determination / Final Determination by Consent
Outcome
Application for determination of native title granted by consent
Legal Topics
Native Title Determination, Consent Orders, Native Title Act 1993 (cth), Prescribed Body Corporate Nomination
Native Title Native Title Determination Consent Orders Native Title Act 1993 (cth) Prescribed Body Corporate Nomination

Case Brief

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Parties

Harry Jakamarra Nelson

Applicant

Jacob Jungarrayi Spencer

Applicant

Bob Jupurrurla Dixon

Applicant

Northern Territory of Australia

First Respondent

Australian Wildlife Conservancy

Second Respondent

Procedural Posture

Native Title Consent Determination / Final Determination by Consent

Legal Issues

  1. 1 Whether the parties have satisfied the criteria in s 87 of the Native Title Act 1993 (Cth) for a consent determination
  2. 2 Whether a free and informed agreement exists between the parties
  3. 3 Whether the terms of the proposed orders are unambiguous and clear

Ratio Decidendi

The Court determined it was appropriate to make a native title determination by consent under s 87 of the Native Title Act 1993 (Cth), finding that the parties’ agreement was free and informed, supported by anthropological evidence and competent legal representation, and that the proposed orders were unambiguous and clear.

Court Disposition

Application for determination of native title granted by consent

Orders

  • There be a determination of native title in the terms set out, taking effect as to paragraph 3 immediately and balance upon determination under s 57(2) of the Native Title Act 1993 (Cth).
  • Native title not held in trust but by common law holders identified in paragraph 3.