Frazer and Others v State of Western Australia [2003] FCA 351

FEDERAL COURT OF AUSTRALIA

Frazer and Others v State of Western Australia [2003] FCA 351 NATIVE TITLE – mediation of native title determination applications – role of National Native Title Tribunal in initiation and management of mediation – whether provision of connection evidence antecedent to mediation process – requirement for timely progress of mediation – recognition of resource limitations – need to establish regional priorities – hearing of connection evidence as a substitute for provision of connection reports – referral of questions of fact by NNTT – preservation of evidence – early neutral evaluation of claims Native Title Act 1993 (Cth) s 225. s 72 GRANT FRAZER AND OTHERS ON BEHALF OF THE WARBURTON MANTAMARU PEOPLE v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6041 OF 1998 STANLEY MERVYN ON BEHALF OF THE IRRUNYTJU-PAPLANKUTUJA v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6030 OF 1998 ADRIAN YOUNG v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6101 OF 1998 ANDREW WATSON v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6103 OF 1998 FRED WARD ON BEHALF OF THE GIBSON DESERT PEOPLE v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6109 OF 1998 LIVINGSTON WEST v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6111 OF 1998 BILLY PATCH AND OTHERS ON BEHALF OF THE BIRRILIBURU PEOPLE v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6284 of 1998 WILMA FREDDIE AND OTHERS ON BEHALF OF THE WILUNA PEOPLE v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG6164 OF 1998

FRENCH J 17 APRIL 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6041 OF 1998

B E TW E E N: GRANT FRAZER AND OTHERS ON BEHALF OF THE WARBURTON MANTAMARU PEOPLE

APPLICANTS

AND: THE STATE OF WESTERN AUSTRALIA AND OTHERS

RESPONDENTS