Western Australia/Jidi Jidi Aboriginal Corporation/Paladin Resources Ltd

The dispute between Western Australia and the Jidi Jidi Aboriginal Corporation, involving Paladin Resources Ltd, was brought before the Federal Court of Australia. The central issue was whether the exploration licences granted by the State were consistent with the native title rights of the Jidi Jidi Aboriginal Corporation. The applicants sought a determination on whether the licences were granted in a manner that complied with the requirements for consultation with native title holders under the Native Title Act 1993 (Cth).

The court needed to decide whether the State adequately consulted the native title holders when granting the exploration licences and if the criteria in section 39(1)(a) of the Act were appropriately weighed. The key legal questions revolved around the nature and extent of the consultation required and whether the State's actions were consistent with the legislative framework. The court also considered the evidence presented by the parties and whether a consent determination was possible.

The court found that the State had not adequately consulted the native title holders when issuing the exploration licences. The evidence showed that the State did not appropriately weigh the criteria under section 39(1)(a) of the Act, leading to an inadequate consultation process. As a result, the court concluded that the licences were not granted in a manner consistent with the native title rights of the Jidi Jidi Aboriginal Corporation. The court directed that the State must engage in proper consultation with the native title holders before proceeding with the exploration activities. The final orders required the State to initiate a new consultation process and to report back to the court on the outcomes of that process.