The Nyamal Palyku Proceeding (No 7) [2023] FCA 528

Federal Court of Australia

The Nyamal Palyku Proceeding (No 7) [2023] FCA 528 File numbers: WAD 392 of 2018 WAD 20 of 2019 WAD 23 of 2019 WAD 483 of 2018

Judgment of: COLVIN J

Date of judgment: 29 May 2023

Catchwords: NATIVE TITLE - where competing claims to native title by native title applicants in respect of the same area - where trial of separate question had been conducted - where parties referred to mediation before closing submissions on separate question - where agreement reached between native title claim groups to consent orders vacating the separate question and referring the proceedings to a registrar with reference to a proposed consent determination - where agreement also reached as to other non-native title matters - where consent orders made by the Court - where further steps taken towards consent determination - where one native title applicant subsequently brought an interlocutory application seeking to have the consent orders vacated and the separate question determined by the Court - where the other native title applicants brought an interlocutory application to summarily dismiss the claim of the other native title applicant to an area which had been agreed to be the subject of a proposed consent determination in favour of those other native title applicants - consideration of enforceability of mediation agreements under the Native Title Act 1993 (Cth) - agreement held to be enforceable - application to reinstate trial of separate question not upheld

Legislation: Federal Court of Australia Act 1976 (Cth) s 37N Native Title Act 1993 (Cth) ss 3, 10, 61, 62A, 81, 82, 86A, 86B, 86F, 86G, 87, 87A, 94E, 94G, 94J, 94N, 94P, 94Q, 251B Federal Court Rules 2011 (Cth) rr 39.05, 39.11