Bullen on behalf of the Esperance Nyungar People v State of Western Australia [2014] FCA 197

FEDERAL COURT OF AUSTRALIA

Bullen on behalf of the Esperance Nyungar People v State of Western Australia [2014] FCA 197 Citation: Bullen on behalf of the Esperance Nyungar People v State of Western Australia [2014] FCA 197

Parties: ELAINE BULLEN, DIANE CLINCH, JARMAN JAMIESON, GRAHAM TUCKER, VERONICA WILLIAMS-BENNELL AND JENNY WOODS ON BEHALF OF THE ESPERANCE NYUNGAR PEOPLE v STATE OF WESTERN AUSTRALIA, SHIRE OF ESPERANCE, SHIRE OF RAVENSTHORPE, RAVENSTHORPE NICKEL OPERATIONS PTY LTD AND THE SHELL COMPANY OF AUSTRALIA LIMITED

File number: WAD 6097 of 1998

Judge: MCKERRACHER J

Date of judgment: 14 March 2014

Catchwords: NATIVE TITLE - consent determination of native title – requirements under s 87 of the Native Title Act 1993 (Cth) – whether native title claimant group must be described the same in determination - agreement of parties – role of mediation

Legislation: Native Title Act 1993 (Cth) ss 55, 56, 56(1), 57, 57(2), 87, 87(1), 87(2), 94A, 225

Cases cited: Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 Bullen v State of Western Australia [2010] FCA Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588 Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365 Lander v State of South Australia [2012] FCA 427 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Munn for and on behalf of the Gunggari People v Queensland (2001) 115 FCR 109 Nelson v Northern Territory of Australia [2010] FCA 1343 WF (Deceased) on behalf of the Wiluna People v State of Western Australia [2013] FCA 755