Cheinmora v State of Western Australia (No 3)

The case of Cheinmora v State of Western Australia (No 3) involved the determination of native title in Western Australia. The dispute centred on whether the consent determination of native title was valid, given potential defects in the authorisation process, and whether an order should be made under section 84D(4)(a) of the Native Title Act 1993 (Cth). The Federal Court was tasked with deciding these legal issues.

The central legal issues revolved around the validity of the proceedings given possible defects in the authorisation process. The court had to determine if the defect in the authorisation process affected the proceedings and if the order should be made pursuant to section 84D(4)(a) of the Native Title Act. Furthermore, the court needed to assess whether the proposed consent determination was within the power appropriate and if the requirements of section 87A of the Native Title Act were satisfied.

The court found that the potential defect in the authorisation process did not affect the validity of the proceedings. The court ruled that an order should be made under section 84D(4)(a) of the Native Title Act. The court also determined that the proposed consent determination was within the power appropriate and that the requirements of section 87A of the Native Title Act were satisfied. Consequently, the court made a determination of native title in WAD 6004 of 2000 in terms of the Determination provided in Attachment ‘A’. Additionally, the Balanggarra Aboriginal Corporation ICN 2923 was to hold the determined native title in trust for the native title holders pursuant to section 56(2)(b) of the Native Title Act.

There was no order as to costs. The entry of orders was dealt with in Rule 39.32 of the Federal Court Rules 2011.