KD (deceased) on behalf of the Mirning People v State of Western Australia [2021] FCA 10

Federal Court of Australia

KD (deceased) on behalf of the Mirning People v State of Western Australia [2021] FCA 10 File number: WAD 48 of 2019

Judgment of: COLVIN J

Date of judgment: 18 January 2021

Catchwords: NATIVE TITLE - determination of native title by consent pursuant to s 87 of the Native Title Act 1993 (Cth) - where parties seek determination that native title does not exist - where determination proposed to take effect once State satisfied indigenous land use agreement conclusively registered - whether appropriate to make orders in terms proposed - orders made

Legislation: Native Title Act 1993 (Cth) ss 13, 55, 56, 66, 87, 94A, 213, 225

Cases cited: Agius v South Australia (No 6) [2018] FCA 358 Bullen on behalf of the Esperance Nyungar People v State of Western Australia [2014] FCA 197 Cronin on behalf of the Butchulla People (land & sea claim #2) v State of Queensland [2019] FCA 2082 Drury v Western Australia [2020] FCAFC 69 Freddie v Northern Territory [2017] FCA 867 Hobbs on behalf of the Ngurrara D2 Claim Group v State of Western Australia [2020] FCA 624 KD (deceased) on behalf of the Mirning People v State of Western Australia (No 4) [2017] FCA 1225 King on behalf of the Eringa Native Title Claim Group v State of South Australia [2011] FCA 1386 Lander v State of South Australia [2012] FCA 427 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Taylor on behalf of the Yamatji Nation Claim v State of Western Australia [2020] FCA 42 Ward v Western Australia [2006] FCA 1848 Western Bundjalung People v Attorney General of New South Wales [2017] FCA 992 Widjabul Wia-Bal v Attorney General of New South Wales [2020] FCAFC 34; (2020) 274 FCR 577