Nangkiriny v State of Western Australia [2002] FCA 660

Nangkiriny v State of Western Australia [2002] FCA 660

The Court determined, under section 87 of the Native Title Act 1993 (Cth), that native title exists in Determination Area A in favour of the Karajarri people, as the parties freely agreed to the terms and there was sufficient evidence presented to justify the determination, and the proposed orders meet statutory...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 February 2002
Procedural Posture
Native Title Determination Application / Judgment and Orders Following Consent Agreement
Outcome
Native title determined to exist in Determination Area A; orders made by consent; portion of claim seaward of the Lowest Astronomical Tide dismissed.
Legal Topics
['determination of Native Title' 'consent Determination' 'rights and Interests' 'relationship Between Native Title and Other Interests']
['native Title' 'aboriginal Law'] ['determination of Native Title' 'consent Determination' 'rights and Interests' 'relationship Between Native Title and Other Interests']

Source-derived case record

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Procedural Posture

Native Title Determination Application / Judgment and Orders Following Consent Agreement

Legal Issues

  1. 1 ['Whether native title exists in Determination Area A' "Whether the Court should make orders reflecting the parties' consent agreement" 'Nature and extent of native title rights and interests']

Ratio Decidendi

The Court determined, under section 87 of the Native Title Act 1993 (Cth), that native title exists in Determination Area A in favour of the Karajarri people, as the parties freely agreed to the terms and there was sufficient evidence presented to justify the determination, and the proposed orders meet statutory requirements.

Court Disposition

Native title determined to exist in Determination Area A; orders made by consent; portion of claim seaward of the Lowest Astronomical Tide dismissed.

Orders

  • ['No determination is made and mediation/legal submissions adjourned pending High Court decision in Ward.' 'Native Title Determination Application as it claims land and waters seaward of the Lowest Astronomical Tide dismissed.' 'Liberty to apply on 7 days written notice.' 'No orders as to costs.' 'Formal...