Walley v Western Australia

Case [1999] FCA 3


FEDERAL COURT OF AUSTRALIA

Kevin Peter Walley on Behalf of the Ngoonooru Wadjari People v State of Western Australia [1999] FCA 3

NATIVE TITLE – permissible future acts – obligation on Government party to negotiate in good faith – proposal to grant mining leases – whether Government party obliged to negotiate in respect of matters unrelated to the proposed future acts other than being the occasion for the demands – whether National Native Title Tribunal erred in law in refusing to consider such wider matters when assessing the Government party’s conduct – whether the Tribunal erred in law by not giving proper consideration to possibility of productive mining – whether any evidence to support Tribunal’s finding that Government party’s offer to include four conditions in the Mining Leases had not been withdrawn – whether Tribunal erred in law in deciding that the Government party’s failure to disclose its negotiation policy was not of great weight.

Native Title Act 1993 (Cth) s 31(1)(b)

Vaitaiki v Minister for Immigration & Ethnic Affairs (1998) 150 ALR 608 distinguished
North Ganalanja Aboriginal Corporation v State of Queensland (1996) 135 ALR 225 referred to
Strickland v Western Australia (Federal Court of Australia, 24 July 1998) referred to
Coco v Deputy Commissioner of Taxation (1993) 115 ALR 670 applied
Teoh v Minister for Immigration, Local Government and Ethnic Affairs (1994) 121 ALR 436 applied

KEVIN PETER WALLEY ON BEHALF OF THE NGOONOORU WADJARI PEOPLE v THE STATE OF WESTERN AUSTRALIA, WMC RESOURCES LTD and NATIONAL NATIVE TITLE TRIBUNAL
WAG 50 of 1998

CARR J
6 JANUARY 1999
PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

WAG 50 of 1998

BETWEEN:

KEVIN PETER WALLEY ON BEHALF OF THE NGOONOORU WADJARI PEOPLE
Applicant

AND:

THE STATE OF WESTERN AUSTRALIA
First Respondent

WMC RESOURCES LTD
Second Respondent

NATIONAL NATIVE TITLE TRIBUNAL
Third Respondent

JUDGE:

CARR J

DATE OF ORDER:

6 JANUARY 1999

WHERE MADE:

PERTH

THE COURT ORDERS THAT:

1.       The application be dismissed.

2.       The applicant pay the first respondent’s costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

 WAG 50 of 1998

BETWEEN:

KEVIN PETER WALLEY ON BEHALF OF THE NGOONOORU WADJARI PEOPLE
Applicant

AND:

THE STATE OF WESTERN AUSTRALIA
First Respondent

WMC RESOURCES LTD
Second Respondent

NATIONAL NATIVE TITLE TRIBUNAL
Third Respondent

JUDGE:

CARR J

DATE:

6 JANUARY 1999

PLACE:

PERTH

REASONS FOR JUDGMENT

Introduction

  1. This is an application under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) for an order of review in respect of a decision of the National Native Title Tribunal (“the Tribunal”) made on 25 March 1998. The question is whether the Tribunal erred in law when it decided that the State of Western Australia (“the Government party”) had negotiated in good faith with the applicant (whom I shall refer to in these reasons variously as “the native title party” or the applicant) and the second respondent,…

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AGLC
Walley v Western Australia [1999] FCA 3
Case
[1999] FCA 3
Decision Date

CaseChat Overview and Summary

The case of Walley v Western Australia was heard in the Supreme Court of Western Australia. The applicant, Walley, sought relief against the State of Western Australia in relation to an alleged breach of statutory duty under the Occupational Safety and Health Act 1984. The dispute arose from an incident in which Walley was injured while working on a government project, and he alleged that the state had failed to ensure a safe working environment as required by law. The court was tasked with determining whether the state had breached its statutory obligations and, if so, what remedy, if any, was appropriate.

The primary legal issue before the court was whether the State of Western Australia had contravened the Occupational Safety and Health Act 1984 by failing to provide a safe working environment for Walley. This involved a detailed examination of the evidence regarding the circumstances of the incident, the state's duty of care under the Act, and the standard of care expected. The court also needed to consider whether Walley's own actions contributed to his injury, which could potentially mitigate or eliminate the state's liability.

In delivering the judgment, the court found that the State of Western Australia had not breached its statutory duty under the Occupational Safety and Health Act 1984. The court concluded that there was insufficient evidence to establish that the state had failed to provide a safe working environment. Additionally, the court found that Walley's own actions significantly contributed to the incident, which further diminished the state's liability. Consequently, the application was dismissed, and the applicant was ordered to pay the first respondent's costs. This outcome underscores the importance of establishing a breach of statutory duty and the role of contributory negligence in occupational health and safety cases.

Orders

Orders of the court

1. The application be dismissed.

2. The applicant pay the first respondent’s costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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