WF (Deceased) on behalf of the Wiluna People v State of Western Australia [2013] FCA 755

FEDERAL COURT OF AUSTRALIA

WF (Deceased) on behalf of the Wiluna People v State of Western Australia [2013] FCA 755 Citation: WF (Deceased) on behalf of the Wiluna People v State of Western Australia [2013] FCA 755

Parties: WF (DECEASED), BARRY ABBOTT, ALAN ASHWIN, JUDY ASHWIN, KF (DECEASED), MJ (DECEASED), FJ (DECEASED), JM (DECEASED), BP (DECEASED), KITTY RICHARDS, DUSTY STEVENS, NORMAN THOMPSON, JOYCE TULLOCK, LT (DECEASED) and MW (DECEASED) ON BEHALF OF THE WILUNA PEOPLE v THE STATE OF WESTERN AUSTRALIA, BHP BILLITON NICKEL WEST PTY LTD, NEWMONT YANDAL OPERATIONS PTY LTD, JAW FORD (PAROO STATION), KIMLEY PTY LTD (CARNEGIE STATION), WAYNE WILLIAM LINKE, WILLIAM ROY LINKE, DAWN MARIE MARTIN, NIMINGA PTY LTD (NIMINGA STATION), JP & SA QUADRIO (GRANITE PEAK STATION), KENNETH ARTHUR SHAW, LR WARD (GLEN AYLE STATION), RW WARD (MILLROSE STATION), WILUNA STATIONS PTY LTD, WONGAWOL PTY LTD (WONGAWOL STATION), TELSTRA CORPORATION LIMITED and THE COMMONWEALTH OF AUSTRALIA LT (DECEASED), CB (DECEASED), FJ (DECEASED) and ELIZABETH WONGYABONG v THE STATE OF WESTERN AUSTRALIA, CENTRAL DESERT NATIVE TITLE SERVICES LTD, BHP BILLITON NICKEL WEST PTY LTD and MPI NICKEL PTY LTD VICTOR ASHWIN and KELMAN JAMES PATCH v THE STATE OF WESTERN AUSTRALIA

File numbers: WAD 6164 of 1998 WAD 248 of 2007 WAD 181 of 2012

Judge: MCKERRACHER J

Date of judgment: 29 July 2013

Catchwords: NATIVE TITLE – consent determinations pursuant to s 87 and s 87A of the Native Title Act 1993 (Cth) – whether statutory prerequisites met – whether appropriate – where several persons authorised have died

Legislation: Native Title Act 1993 (Cth) ss 87, 87A