Drury on behalf of the Nanda People v State of Western Australia (No 2)

Drury, on behalf of the Nanda People, brought a case against the State of Western Australia, seeking a determination of native title by consent for two distinct groups over a shared area. The case was heard in the Federal Court of Australia. Each of the two groups, represented by separate prescribed bodies corporate, sought to be appointed over the shared area, raising questions about the appropriateness of this arrangement under the Native Title Act 1993 (Cth).

The legal issues before the Court centred on whether the Court should receive further submissions on specific questions that could potentially be reserved for consideration by the Full Court under section 25(6) of the Federal Court of Australia Act 1976 (Cth). The Court needed to determine whether certain issues required more detailed examination before making a final decision on the consent determination of native title.

The Court, after considering the arguments presented, determined that it would be appropriate to convene a case management hearing to allow for further submissions on the issues in question. The Court recognised the complexity of the issues and the need for a comprehensive approach to ensure all relevant matters were adequately addressed. The decision was made to allow any party interested in making submissions on the matters outlined in the Court's reasons to file and serve a minute of any orders sought at least two clear days before the case management hearing.

The Court's final orders included convening a case management hearing to facilitate the making of further submissions and stipulated that any party wishing to make submissions must file and serve a minute of any orders to be sought at least two clear days before the hearing. These orders were made in accordance with Rule 39.32 of the Federal Court Rules 2011, ensuring that the process for determining the native title by consent proceeded in an orderly and transparent manner.