Kevin Cosmos & Others on behalf of Yaburara & Mardudhunera People/Western Australia/Geotech International Pty Ltd

The case of Kevin Cosmos & Others on behalf of Yaburara & Mardudhunera People against Western Australia and Geotech International Pty Ltd revolved around a dispute regarding native title and a proposed exploration licence. The applicants sought to object to the grant of an exploration licence under the Mining Act 1978 (WA) through an expedited procedure objection application. The crux of the matter was whether the Court had jurisdiction to hear the application under the Native Title Act 1993 (Cth).

The primary legal issue before the court was whether it had jurisdiction to entertain the expedited procedure objection application. This hinged on whether the proposed exploration licence constituted a "future act" as defined in section 223 of the Native Title Act. The applicants argued that the proposed licence constituted a future act because it could result in the extinguishment of native title rights and interests. The respondents contended that the application was not justiciable as the proposed licence had not yet been granted.

The court found that the proposed exploration licence did not constitute a future act under section 223 of the Native Title Act. It held that the act of granting the licence itself was the future act, not the mere proposal to grant it. Since the proposed licence had not been formally granted, the court did not have jurisdiction to hear the objection application. Consequently, the application was dismissed. The court's decision was grounded in the interpretation of the term "future act" and the procedural requirements outlined in the Native Title Act.