Mulligan on behalf of the Warlangurru Claim Group v State of Western Australia

The Warlangurru Claim Group, represented by Mulligan, sought a consent determination of their native title rights over specified areas in Western Australia. The case was heard in the Federal Court of Australia, which was tasked with deciding the existence and scope of the native title rights, and whether the Warlangurru People were the rightful native title holders. The court was also required to determine the nature and extent of any other interests in the land and how these interests relate to the native title rights.

The court ruled in favour of the Warlangurru Claim Group, determining that native title exists in certain parts of the claimed area. The Warlangurru People were recognised as the native title holders, with specific rights including the ability to access and move freely through the land, hunt, gather, and fish, and engage in cultural activities. However, these rights were non-exclusive, meaning they do not exclude others from accessing the land. Certain activities, such as mining and petroleum exploration, were excluded from the native title rights. Other interests, such as pastoral leases and existing mining and petroleum exploration permits, were acknowledged but did not extinguish the native title rights.

The court ordered that the Warlangurru Aboriginal Corporation hold the determined native title in trust for the native title holders. The decision provides the Warlangurru People with formal recognition of their native title rights and interests, subject to the rights of other interest holders. The court also acknowledged the contributions of all parties involved in reaching this determination.