Leonne Velickovic on behalf of Widji People/Western Australia/Cazaly Resources Limited

Leonne Velickovic, on behalf of the Widji People, sought an injunction to prevent Western Australia from granting prospecting licences over their native title lands to Cazaly Resources Limited. The matter was heard in the Federal Court of Australia, with the Widji People arguing that the grant of the licences would irreversibly prejudice their native title rights. The dispute involved an expedited procedure objection application, which required the court to consider whether the application should proceed on an expedited basis given the urgency of the situation.

The primary legal issues the court had to decide were whether the grant of prospecting licences would irreversibly prejudice the native title rights of the Widji People and whether the application should be heard on an expedited basis. The court also had to consider whether the Widji People had standing to bring the application and the appropriate balance between the rights of native title holders and the interests of the state and mining companies.

The court found that the grant of prospecting licences over native title lands could potentially irreversibly prejudice the native title rights of the Widji People. It acknowledged the importance of protecting native title rights and the potential for irreversible harm if mining activities were to proceed without proper consideration of native title interests. The court emphasised the need for a proper assessment of the impact of the proposed prospecting licences on native title rights. The court also found that the Widji People had standing to bring the application and that the application should be heard on an expedited basis given the urgency of the situation. The court granted the application, allowing the Widji People to challenge the grant of the prospecting licences and ensuring that their native title rights were properly considered before any mining activities commenced.

The court's decision underscored the importance of protecting native title rights and the need for a proper assessment of the impact of mining activities on native title lands. It highlighted the court's role in balancing the rights of native title holders with the interests of the state and mining companies. The decision also demonstrated the court's willingness to hear matters on an expedited basis where there is a risk of irreversible harm to native title rights. The court's decision provided a significant victory for the Widji People and reinforced the importance of protecting native title rights in Australia.