Manolis on behalf of the Yawuru Community v State of Western Australia [2019] FCA 1781

Manolis on behalf of the Yawuru Community v State of Western Australia [2019] FCA 1781

The Court was satisfied that the section 87(1) conditions were met, the proposed orders were within power, the applicants were properly authorised, the requirements of sections 61A, 94A, 225 and 56 were addressed, and it was appropriate to make the consent determination because the parties had reached an informed...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 November 2019
Procedural Posture
Native Title Determination Application Under Section 61 of the Native Title Act 1993 (cth) / Application for Consent Determination Under Section 87(2) of the Native Title Act 1993 (cth)
Outcome
Consent determination of native title made.
Legal Topics
['consent Determination of Native Title' 'section 87 Native Title Act 1993 (cth)' 'authorisation of Native Title Applicants' 'section 47 B Disregard of Prior Extinguishment' 'prescribed Body Corporate' 'exclusive and Non Exclusive Native Title Rights and Interests']
['native Title'] ['consent Determination of Native Title' 'section 87 Native Title Act 1993 (cth)' 'authorisation of Native Title Applicants' 'section 47 B Disregard of Prior Extinguishment' 'prescribed Body Corporate' 'exclusive and Non Exclusive Native Title Rights and Interests']

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 Under Section 61 of the Native Title Act 1993 (cth) / Application for Consent Determination Under Section 87(2) of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the conditions in section 87(1) of the Native Title Act 1993 (Cth) were satisfied for the Court to make orders by consent.' 'Whether it was appropriate for the Court to exercise its discretion under section 87(2) of the Native Title Act 1993 (Cth) to make a consent determination.' 'Whether the applicants were authorised under sections 61(1) and 62A of the Native Title Act 1993 (Cth).' 'Whether the proposed consent determination complied with sections 61A, 94A and 225 of the Native Title Act 1993 (Cth).' 'Whether the Yawuru Native Title Holders Aboriginal Corporation (RNTBC) should hold the determined native title in trust under section 56(2) of the Native Title Act 1993 (Cth).']

Ratio Decidendi

The Court was satisfied that the section 87(1) conditions were met, the proposed orders were within power, the applicants were properly authorised, the requirements of sections 61A, 94A, 225 and 56 were addressed, and it was appropriate to make the consent determination because the parties had reached an informed agreement with legal representation and the State had assessed the proposed determination in light of the Native Title Act, tenure searches and the earlier Rubibi determinations.

Court Disposition

Consent determination of native title made.

Orders

  • ['There be a determination of native title in the terms of Attachment A to these orders.' 'The Yawuru Native Title Holders Aboriginal Corporation (RNTBC) ICN 7033 shall hold the determined native title in trust for the native title holders pursuant to section 56(2) of the Native Title Act 1993 (Cth).' 'There be no...