Ward, on behalf of the Pila Nature Reserve Traditional Owners v State of Western Australia [2022] FCA 689

Federal Court of Australia

Ward, on behalf of the Pila Nature Reserve Traditional Owners v State of Western Australia [2022] FCA 689 File numbers: WAD 174 of 2021 WAD 222 of 2020

Judgment of: COLVIN J

Date of judgment: 15 June 2022

Catchwords: NATIVE TITLE - application for compensation and separate application for native title determination - where applications seek a determination of native title over the Pila Nature Reserve and relevant compensation - where parties entered into settlement agreement - where parties entered into a further agreement for the purposes of s 47C of the Native Title Act 1993 (Cth) to give effect to the settlement agreement - where the agreed settlement terms also provide for compensation - orders made in terms of proposed consent orders on each application

Legislation: Native Title Act 1993 (Cth) ss 13, 47C, 51, 55, 56, 61, 62, 62A, 66, 86A, 87, 94, 94A, 213, 225, 251B, 251BA

Cases cited: CG (Deceased) on behalf of the Badimia People v State of Western Australia [2016] FCAFC 67; (2016) 240 FCR 466 Freddie v Northern Territory [2017] FCA 867 KD (deceased) on behalf of the Mirning People v State of Western Australia [2021] FCA 10 Pearson on behalf of the Tjayuwara Unmuru Native Title Holders v State of South Australia (Tjayuwara Unmuru Native Title Compensation Claim) [2017] FCA 1561 Stanley Mervyn, Adrian Young, and Livingston West on behalf of the Peoples of the Ngaanyatjarra Lands v Western Australia [2005] FCA 831 Ward v State of Western Australia (No 3) [2015] FCA 658; (2015) 233 FCR 1 Western Australia v Ward [2002] HCA 28; (2002) 213 CLR 1