Wanjina-Wunggurr (Native Title) Aboriginal Corporation; Delores Cheinmora and Others on behalf of Balanggarra (Combination)/Western Australia/Timothy Vincent Tatterson, Geotech International Pty Ltd

The case before the Federal Court involved the Wanjina-Wunggurr (Native Title) Aboriginal Corporation, representing the Balanggarra people, and others, against the State of Western Australia and Timothy Vincent Tatterson, the Director of the Department of Mines, Energy and Petroleum. The dispute centred on the proposed grant of an exploration licence for a parcel of land in Western Australia, which the applicants claimed would infringe upon their native title rights. The applicants sought to object to the grant of the licence under the expedited procedure outlined in the Native Title Act 1993.

The key legal issues for the court to resolve were whether the applicants' objections were valid under the statutory provisions and whether the applicants had complied with the procedural requirements set out in the court's orders. Specifically, the court had to determine whether the applicants' failure to comply with certain directions rendered their objections invalid and whether a springing order dismissing the objections should be made in the event of non-compliance.

The court found that the applicants' objections were valid but noted that they had not complied with several directions made by the court. The court held that the applicants' failure to comply with the directions was a serious matter, and as such, the objections were dismissed. The court also made a springing order, which would become effective if the applicants did not comply with certain further directions within a specified period. This order ensured that the objections would be dismissed if the applicants continued to be non-compliant.

Ultimately, the court dismissed the applicants' objections to the proposed grant of the exploration licence and made a springing order dismissing the objections in the event of non-compliance with further directions. This decision underscores the importance of adhering to court directions in native title matters and the consequences of failing to do so.