Largut v Northern Territory of Australia [2013] FCA 1072

Largut v Northern Territory of Australia [2013] FCA 1072

Because the parties had reached and filed a written agreement on the terms of a proposed native title determination, the s 66 notice period had ended, the application was valid and concerned an area with no approved native title determination, the proposed orders complied with ss 94A and 225 of the Native Title Act...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 October 2013
Procedural Posture
Native Title Determination Application / Consent Determination Under S 87 of the Native Title Act 1993 (cth)
Outcome
Consent determination of native title made.
Legal Topics
['consent Determination' 'non Exclusive Native Title Rights and Interests' 'prescribed Body Corporate' 'pastoral Leases' 'extinguishment by Public Works and Pastoral Improvements' 'other Interests in Determination Area']
['native Title' 'federal Court Procedure'] ['consent Determination' 'non Exclusive Native Title Rights and Interests' 'prescribed Body Corporate' 'pastoral Leases' 'extinguishment by Public Works and Pastoral Improvements' 'other Interests in Determination Area']

Source-derived case record

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 Application / Consent Determination Under S 87 of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the requirements of s 87 of the Native Title Act 1993 (Cth) were satisfied so that the Court could make a consent determination of native title without a contested hearing.' 'Whether the agreed determination was within the power of the Court and appropriate to make.' 'Whether the proposed determination identified the native title holders, native title rights and interests, other interests, and the relationship between those interests as required by the Native Title Act 1993 (Cth).']

Ratio Decidendi

Because the parties had reached and filed a written agreement on the terms of a proposed native title determination, the s 66 notice period had ended, the application was valid and concerned an area with no approved native title determination, the proposed orders complied with ss 94A and 225 of the Native Title Act 1993 (Cth), the parties were legally represented, the Northern Territory had assessed the claim and relevant tenure and interests, and no overlapping proceedings required orders under s 67, the requirements of s 87 were satisfied and it was appropriate to make the consent determination recognising non-exclusive native title rights and interests in the Determination Area.

Court Disposition

Consent determination of native title made.

Orders

  • ['There be a determination of native title in terms of the determination set out in the orders.' 'The native title is not to be held on trust.' 'An Aboriginal corporation whose name is to be provided within 12 months, or such further time as the Court may allow, is to be the prescribed body corporate for the...