Dann on behalf of the Wajarri Yamatji People (Part D) v State of Western Australia [2021] FCA 867

FEDERAL COURT OF AUSTRALIA

Dann on behalf of the Wajarri Yamatji People (Part D) v State of Western Australia [2021] FCA 867 File number(s): WAD 278 of 2018 WAD 373 of 2018

Judgment of: GRIFFITHS J

Date of judgment: 29 July 2021

Catchwords: NATIVE TITLE – consent determination, requirements of ss 87 and 94A of the Native Title Act 1993 (Cth) satisfied – appropriate to make orders

Legislation: Native Title Act 1993 (Cth) ss 87, 94A

Cases cited: BHP Billiton Nickel West Pty Ltd v KN (dec'd) (Tjiwarl and Tjiwarl #2) [2018] FCAFC 8; 351 ALR 491 Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025 Clarrie Smith v State of Western Australia [2000] FCA 1249; 104 FCR 49 Egan on behalf of the Wajarri Yamatji People (Part C) v State of Western Australia [2018] FCA 1945 Hamlett on behalf of the Wajarri Yamatji People (Part B) v State of Western Australia [2018] FCA 545 Hamlett on behalf of the Wajarri Yamatji People (Part E) v State of Western Australia (No 2) [2021] FCA 868 Hamlett on behalf of the Wajarri Yamatji People v State of Western Australia (No 3) [2021] FCA 869 Hughes (on behalf of the Eastern Guruma People) v Western Australia [2007] FCA 365 I.S. (Deceased) on behalf of the Wajarri Yamatji People (Part A) v State of Western Australia [2017] FCA 1215 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1129; 115 FCR 109 Tjungarrayi v Western Australia [2019] HCA 12; 366 ALR 603 Ward v State of Western Australia [2006] FCA 1848