Peterson v State of Western Australia

The case of Peterson v State of Western Australia concerns a consent determination regarding the resolution of native title applications related to an area of land and waters within Reserve 5279, known as the Shared Area, between the Martu People and the Ngurrara People. The matter was heard in the Federal Court of Australia, where the court was required to decide whether the consent determination proposed by the parties was appropriate and within the court’s power. The court's task was to review the process by which the consent was obtained, the basis for the agreement, and the nomination of the Prescribed Body Corporate (PBC) to hold the native title in trust.

The court examined the submissions and affidavits provided by the parties, including the minute of the proposed consent determination, affidavits from Tessa Jeanne Herrmann, John Catlin, and Malcolm O’Dell, and the connection report prepared by Professor Robert Tonkinson and others. The court noted that all parties, except the Ngurrara People, actively participated in the mediation, while the Ngurrara People were kept informed through correspondence. The court also considered a legal question referred to a Full Court regarding the extinguishing effect of certain mining leases, which had been previously excluded from the First Determination.

The court concluded that the orders sought in the minute were within the court's power and appropriate, given the active role of the parties in the mediation and the recognition of the interests of the Ngurrara People. The court commended the parties for resolving the long-standing litigation and made orders to determine the native title in the balance of WAD 6110 of 1998, WAD 77 of 2006, and WAD 141 of 2010. The Western Desert Lands Aboriginal Corporation (Jamukurnu-Yapalikunu) RNTBC was nominated to hold the determined native title in trust for the native title holders, and no order was made as to costs.