Ike Simpson and Ors on behalf of Wajarri Yamatji/Western Australia/John Edward Telfer/State of Western Australia

The case involved Ike Simpson and others on behalf of the Wajarri Yamatji, who sought a determination regarding the grant of mining leases over their native title land in Western Australia. The named applicants in the case were not signatories to the state deed, which had been executed by the native title party as a whole. The State of Western Australia, represented by John Edward Telfer, was the respondent. The dispute centred on the legality of the proposed mining leases and the process by which a determination could be made, given the logistical difficulties in obtaining the signatures of all native title holders.

The court was required to decide whether the named applicants, who were not signatories to the state deed, could still apply for a determination that allowed for the grant of mining leases. Additionally, the court needed to consider whether it could make a consent determination based on the overall agreement of the native title party, even if not all individual members were directly involved in the application process. The court also had to address the legal framework governing such applications, including the Native Title Act 1993 and the procedural requirements for consent determinations.

The court found that the named applicants could still apply for a determination even if they were not signatories to the state deed, as long as the native title party as a whole consented to the determination. The court held that it was permissible to proceed with a consent determination when the native title party had agreed to the proposed mining leases, despite the logistical difficulties in obtaining individual signatures. The court emphasised the importance of ensuring that the native title party's consent was genuine and informed, and that the process complied with the requirements of the Native Title Act. The court ultimately granted the determination, allowing for the grant of mining leases over the native title land.

The court ordered that the application for the grant of mining leases be approved, subject to the conditions set out in the determination. The court also directed that the determination be recorded on the Register of Determinations and that notice be given to all relevant parties, including the native title parties. The court's decision provided clarity on the process for seeking determinations in cases where not all native title holders are directly involved in the application, reinforcing the importance of consensus and procedural fairness in such matters.