Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 2) [2018] FCA 978

FEDERAL COURT OF AUSTRALIA

Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 2) [2018] FCA 978 File number: WAD 341 of 2017

Judge: MCKERRACHER J

Date of judgment: 28 June 2018

Catchwords: NATIVE TITLE – native title rights and interests pursuant to a Court determination – claims asserting relief on the bases of acts affecting native title rights, including causes of action in tortious interference, conspiracy, trespass and breach of contract – where the native title claimants agreed 'to the suspension of the operation and enjoyment of Native Title over the Project Area' – extent to which native title rights were circumscribed – whether claimants are presently entitled to assert native title rights – where claims advanced depend on findings as to the present status of the claimants native title rights purportedly suspended by contractual agreement – where issues arise as to the priority of the parties' rights PRACTICE AND PROCEDURE – applications for dismissal of the claim pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) – principles applicable to assessments under s 31A – where the claims raise novel issues – applications dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) s 31A Native Title Act 1993 (Cth) ss 24AA(6), 24HA(3) and 24GB(5), 24MD(3), 24MD(6B), 25, 28(1), 28(1)(f), 29, 31(1)(b), 32(5), 34, 225, 238, Div 5 of Pt 2 Environmental Protection Act 1986 (WA) Government Agreements Act 1979 (WA) s 3(a) Mining Act 1978 (WA) ss 8(d), 20C, 85(1), 155(1), 155(3), 160(1) Onslow Salt Solar Salt Agreement Act 1992 (WA) Rules of the Supreme Court 1971 (WA), O 56 rr 1, 2(4)