Cheinmora v State of Western Australia (No 2)

The matter of Cheinmora v State of Western Australia (No 2) involved a dispute over the consent determination of native title. The Federal Court of Australia was tasked with deciding whether the proceedings were affected by a possible defect in the authorisation process and if an order should be made under section 84D(4)(a) of the Native Title Act 1993 (Cth). Additionally, the court had to determine whether the proposed consent determination was within the power appropriate and if the requirements of section 87A of the Native Title Act 1993 (Cth) were satisfied.

The primary legal issues revolved around the validity of the authorisation process for the consent determination of native title and whether the proposed determination complied with the statutory requirements. The court had to consider whether the proceedings were tainted by a defect in authorisation and if the consent determination was within the power appropriate as per section 87A of the Native Title Act 1993 (Cth). This included an assessment of whether the requirements of section 87A had been met, particularly in relation to the process of obtaining consent and the appropriateness of the proposed determination.

The Federal Court concluded that the proceedings were not affected by a defect in authorisation and that an order should be made under section 84D(4)(a) of the Native Title Act 1993 (Cth). The court found that the proposed consent determination was within the power appropriate and that the requirements of section 87A of the Native Title Act 1993 (Cth) had been satisfied. The court made a determination of native title in WAD 6027 of 1998 and ordered that the Balanggarra Aboriginal Corporation ICN 2923 hold the determined native title in trust for the native title holders pursuant to section 56(2)(b) of the Native Title Act 1993 (Cth). No order was made as to costs.

The final orders of the court included a determination of native title in WAD 6027 of 1998 in terms of the Determination as provided for in Attachment ‘A’ hereof, the appointment of the Balanggarra Aboriginal Corporation ICN 2923 as the trustee for the native title holders, and the dismissal of the application for costs.