Gilla on behalf of the Yugunga-Nya People v State of Western Australia (No 3) [2021] FCA 1338

FEDERAL COURT OF AUSTRALIA

Gilla on behalf of the Yugunga-Nya People v State of Western Australia (No 3) [2021] FCA 1338 File number: WAD 29 of 2019

Judgment of: BANKS-SMITH J

Date of judgment: 2 November 2021

Catchwords: NATIVE TITLE - consent determination of native title - agreement of parties - requirements of 87A of the Native Title Act 1993 (Cth) satisfied - appropriate to make orders

Legislation: Native Title Act 1993 (Cth) ss 47A, 47B, 55, 56, 61, 66, 87, 87A, 223, 225, 251B

Cases cited: Billy Patch on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 Brown (on behalf of the Ngarla People) v State of Western Australia [2007] FCA 1025 Brown v State of South Australia [2009] FCA 206 Butchulla People v State of Queensland [2006] FCA 1063; (2006) 154 FCR 233 Gilla on behalf of the Yugunga-Nya People v State of Western Australia (No 2) [2021] FCA 1174 Gomeroi People v Attorney-General of New South Wales [2016] FCAFC 75; (2016) 241 FCR 301 Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365 Lota Warria on behalf of the Poruma and Masig Peoples v State of Queensland [2005] FCA 1117 Lyndon on behalf of the Budina 2 Claim Group v State of Western Australia [2021] FCA 134 O'Connor on behalf of the Palyku People v State of Western Australia [2019] FCA 330 Ward v State of Western Australia [2006] FCA 1848 Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545 Western Bundjalung People v Attorney General of New South Wales [2017] FCA 992