Forrest on behalf of the Tjalkadjara Native Title Claim Group v State of Western Australia

In the Federal Court, the Tjalkadjara Native Title Claim Group, represented by Forrest, sought a determination of native title over certain lands in Western Australia. This application was contested by the State of Western Australia. The dispute centred on whether the Tjalkadjara Native Title Claim Group had the necessary authorisation to bring the application, as required by section 61 of the Native Title Act 1993 (Cth). The primary contentions included whether the authorisation meeting was adequately notified, if the decisions made at the meeting adhered to the traditional decision-making process, and whether it was in the interests of justice to proceed with the hearing despite any defects in the authorisation process.

The court examined the evidence provided by the Tjalkadjara Claim applicants at its highest, acknowledging the long-standing efforts of the Goldfields Land and Sea Council Aboriginal Corporation in negotiating the claim. The court found that while the authorisation meeting was notified in the Kalgoorlie Miner, it was not sufficiently specific to ensure all relevant parties were directly informed. Furthermore, the court determined that the decision-making process at the meeting did not align with the traditional consensual process that respected the seniority of the watis. Despite these findings, the court exercised its discretion under section 84C(1) of the Native Title Act, determining that it was in the interests of justice to proceed with the hearing and dismiss the application to strike out the native title application.

Consequently, the court dismissed the interlocutory application to strike out the native title application. It further ordered that the mediation of these proceedings be conducted jointly with the mediation of the proceedings in WAD 297 of 2018 Kalman Michael Murphy & Others v State of Western Australia & Others. The Registrar was authorised to make appropriate directions for the exchange of information and convening of meetings to facilitate the progress of the joint mediation.