Willis on behalf of the Pilki People v State of Western Australia (No 2)

Willis, on behalf of the Pilki People, sought a determination of native title over a specific area in Western Australia, which was contested by the State of Western Australia. The case was heard in the Federal Court of Australia, which was tasked with resolving the dispute over the native title rights. The central legal issue before the Court was whether a determination of native title could be made under section 225 of the Native Title Act 1993 (Cth), and if so, under what conditions the determination would take effect. The Court had to consider whether the determination could be deferred until a prescribed body corporate was nominated to hold the native title rights in trust, as per sections 56(1) and 57(2) of the Act.

The Court held that a determination of native title could be made but that it would not take effect until a prescribed body corporate was nominated under sections 56(1) or 57(2) of the Act. The Court emphasised that until such nomination occurred, the determination would not vest the native title rights in anyone. The Court also directed that within twelve months of the making of the orders, a representative of the common law holders of the native title rights and interests must indicate whether they intended to have the native title rights and interests held in trust and, if so, by whom. The Court provided an invitation to nominate a prescribed body corporate, requiring written consent from the nominee. If no nomination was made within the specified time frame, the matter was to be listed for further directions.

The Court made a determination of native title in WAD 6002 of 2002, with the condition that the determination would only take effect upon the nomination of a prescribed body corporate as a trustee of the native title rights and interests. If such a nomination was made within the required period, the nominated body corporate would hold the native title rights and interests in trust for the common law holders. No order was made regarding costs.