Jessell on behalf of the Goorring Native Title Claimants v State of Western Australia

In the Federal Court of Australia, Jessell, on behalf of the Goorring Native Title Claimants, sought a consent determination of their native title rights over a specified area in Western Australia. The State of Western Australia agreed to the terms proposed by the claimants, leading to a consent determination under Section 87 of the Native Title Act 1993 (Cth). The court had to decide whether the proposed consent determination was within its powers and appropriate to be made under the Act.

The court held that the proposed consent determination was within its power and appropriate to be made under Section 87 of the Native Title Act. The court found that the agreement between the parties was genuine and that the terms of the determination were consistent with the Act. The court also found that the determination would not prejudice the rights of any other persons, and that the claimants had provided sufficient information to enable the court to make the determination. The court concluded that the proposed consent determination was in the interests of justice and that it should be made.

The court made a determination of native title in the terms of the Minute of Consent Determination of Native Title. The determination is to take effect immediately upon the making of a determination under Section 56(1) or Section 57(2) of the Native Title Act. A representative of the common law holders of the native title rights and interests must indicate within 12 months of the date of the orders whether they intend to have the native title rights and interests held in trust, and if so, by whom. If a prescribed body corporate is nominated, it will hold the native title rights and interests in trust for the common law holders of the native title rights and interests. If no nomination is made within the specified time, the matter is to be listed for further directions. There was no order as to costs.