Federal Court of Australia
Federal Court of Australia
The Nyamal Palyku Proceeding (No 8) [2024] FCA 11 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: 16 January 2024
Catchwords: NATIVE TITLE - consent determination - application for determination of Native Title - where parties propose the making of consent orders for the determination of native title pursuant to s 87 and s 94A of the Native Title Act 1993 (Cth) - where consent orders proposed after hearing of separate question as to the identity of the holders of native title (if any) but before reasons delivered on separate question - where position of State during hearing of separate question was that it accepted that native title rights and interests are held in the relevant area, subject to extinguishment and the issue to be resolved concerned the identity of the people who hold those rights and interests - consideration of appropriate approach in circumstances where facts are agreed but hearing had been conducted in which evidence had been submitted by competing native title applicants - where all requirements for making of consent determination satisfied - where appropriate to make orders - consent determination made
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