WMC Resources Limited/Western Australia/Richard Guy Evans on behalf of the Koara people

In the Federal Court of Australia, WMC Resources Limited and Western Australia, represented by the Minister for Mines and Petroleum, sought a determination of native title rights in relation to a mining lease. Richard Guy Evans, on behalf of the Koara people, opposed the application. The dispute centred around whether the state and the mining company had negotiated in good faith regarding the mining lease, and if the native title party had discharged the evidentiary burden to prove otherwise. The Full Bench of the Federal Court was tasked with determining the proper allocation of the evidentiary burden and whether the state and the mining company had negotiated in good faith.

The court had to address whether the native title party, being unrepresented, was required to prove that the state and the mining company had not negotiated in good faith. It also needed to assess whether the state and the mining company had indeed negotiated in good faith. The court examined the relevant statutory provisions and case law to determine the appropriate onus of proof in this context, particularly considering the native title party's lack of representation. The court found that the state and the mining company had negotiated in good faith, and thus the native title party had not discharged the evidentiary burden to prove otherwise.

The Full Bench held that the native title party, despite being unrepresented, was still required to prove that the state and the mining company had not negotiated in good faith. However, the court found that the state and the mining company had negotiated in good faith, leading to the conclusion that the native title party had not met the evidentiary burden. The Full Bench affirmed the primary judge's findings and dismissed the native title claim. Consequently, the Full Bench ordered that the native title claim be dismissed, and the mining lease was not subject to any native title rights.