Moses v State of Western Australia [2007] FCAFC 78

FEDERAL COURT OF AUSTRALIA

Moses v State of Western Australia [2007] FCAFC 78

NATIVE TITLE – determination of native title rights and interests – Native Title Act 1993 (Cth) s 223(1) – whether connection to land and waters by traditional laws and customs – whether land-holding system "traditional"

NATIVE TITLE – determination of native title rights and interests – sufficiency of description of native title holders

NATIVE TITLE – prescribed bodies corporate – Native Title Act 1993 (Cth) ss 56(2) and 57(2) – where determination of native title rights and interests recognises two separate native title holding groups – whether ss 56(2) and 57(2) allow nomination of more than one prescribed body corporate in respect of determination area

NATIVE TITLE – Native Title Act 1993 (Cth) – extinguishment – extinguishing effect of grant of pastoral leases

NATIVE TITLE – Native Title Act 1993 (Cth) – determination of native title rights and interests – whether recognition of native title rights and interests should be limited to areas in which they are currently exercised

NATIVE TITLE – disregarding extinguishment – Native Title Act 1993 (Cth) s 47A(1)(b)(ii) – whether pastoral lease and freehold titles held expressly for the benefit of Aboriginal peoples – where land held by company incorporated under general companies legislation – where objects of major shareholder concerned with benefiting Aboriginal peoples

NATIVE TITLE – disregarding extinguishment – reservations - Native Title Act 1993 (Cth) s 47B(1)(b) – whether temporary reserves created under Mining Act 1904 (WA) "reservations" under s 47B(1)(b)(ii) – whether evidence sufficient to establish occupation of areas under s 47B(1)(c)

PRACTICE AND PROCEDURE – appeals – certain appeal grounds only to be allowed by consent – Federal Court of Australia Act 1976 (Cth) s 25(2B)(b) – whether s 25(2B)(b) permits disposal of some appeal grounds by consent prior to determination of balance of appeal