Oobagooma on behalf of the Big Springs Claim Group v State of Western Australia

The case of Oobagooma on behalf of the Big Springs Claim Group v State of Western Australia involved a native title determination application jointly brought by the Warrwa and Worrora people, who claimed separate and distinct native title rights over the Big Springs area. The applicants sought a consent determination under section 87 of the Native Title Act 1993 (Cth). The primary legal issue was whether the proposed determination fell within the power of the Court, if section 61(1) of the Act allowed a single application on behalf of more than one native title claim group, and if the common law could recognise exclusive native title rights held by multiple claim groups.

The Court found that the agreement between the parties was the principal focus when exercising power under section 87, and it was relevant to consider whether the State had independent and competent legal representation and was acting in good faith and rationally. The statement of agreed facts filed by the applicant and the State was accepted by the Court as it included the applicant and the principal government respondent, and no objections were raised by other parties. The Court concluded that the proposed consent determination should be made as it recognised the long-held native title rights of the Warrwa and Worrora people in the Big Springs area.

The Court ordered a determination of native title in terms of the agreement, with the Madanaa Nada Aboriginal Corporation and the Winjoodoorurlbul Aboriginal Corporation holding the determined native title in trust for the Warrwa and Worrora Native Title Holders, respectively. The Court also declared the existence, nature, and extent of native title rights and interests in the Determination Area, areas where extinguishment is disregarded, and the relationship between native title rights and other interests. The orders did not include any order as to costs.