Augustine on behalf of the Jabirr Jabirr/Ngumbarl People and State of Western Australia [2020] FCA 379

FEDERAL COURT OF AUSTRALIA

Augustine on behalf of the Jabirr Jabirr/Ngumbarl People and State of Western Australia [2020] FCA 379 File number: WAD 18 of 2019

Judge: ROBERTSON J

Date of judgment: 23 March 2020

Catchwords: NATIVE TITLE – application for determination of native title – where application the subject of contested hearing and reasons delivered containing findings on all matters in issue – where, after delivery of reasons, decision handed down in BHP Billiton Nickel West Pty Ltd v KN (Deceased) (Tjiwarl and Tjiwarl No 2) [2018] FCAFC 8; 258 FCR 521 and application adjourned in respect of part of claim area – where decision in Tjiwarl overturned by Tjungarrayi v Western Australia [2019] HCA 12; 366 ALR 603 – whether determination should now be made in respect of remaining part of claim area on the basis of the earlier reasons – Held: determination of native title made

Legislation: Native Title Act 1993 (Cth) ss 47B, 81, 94A, 225

Cases cited: Attorney­General v Helicopter-Tjungarrayi (Ngurra Kayanta & Ngurra Kayanta No 2) [2018] FCAFC 35; 260 FCR 247 BHP Billiton Nickel West Pty Ltd v KN (Deceased) (Tjiwarl and Tjiwarl No 2) [2018] FCAFC 8; 258 FCR 521 Manado (on behalf of the Bindunbur Native Title Claim Group) v State of Western Australia [2017] FCA 1367 Manado (on behalf of the Bindunbur Native Title Claim Group) v State of Western Australia [2018] FCA 275 Manado (on behalf of the Bindunbur Native Title Claim Group) v State of Western Australia [2018] FCA 854 Manado on behalf of the Bindunbur Native Title Claim Group v State of Western Australia [2018] FCAFC 238; 265 FCR 68 Manado on behalf of the Bindunbur Native Title Claim Group v State of Western Australia [2019] FCA 1873 Tjungarrayi v Western Australia [2019] HCA 12; 366 ALR 603 Western Australia v Manado [2020] HCA 9