Skip to main content

Graham on behalf of the Ngadju People (Ngadju Part B) v State of Western Australia [2017] FCA 795

Year
2017
Jurisdiction
Western Australia
Forum
Federal Court
Legislation considered
Federal Court of Australia Act 1976 (Cth)
s 84D Native Title Act 1993 (Cth)
s 87 Native Title Act 1993 (Cth)
Summary

Griffiths J

In this matter Griffiths J recognised the native title rights and interests of the Ngadju peoples in relation to a piece of land in an area that extends from the Nullarbor to the Great Western Woodlands. In 2014 the Federal Court recognised more than 100,000km2 of land east of Norseman as Ngadju land in an exclusive possession native title determination (Ngadju Part A). On 17 July 2017 Griffiths J handed back the final piece of Ngadju country excluded from the previous 2014 Ngadju native title determination.

Griffiths J made orders by consent recognising that the Ngadju People have always had native title rights and interests in land within the area the subject of the determination. On the authorisation issue (seven of the ten named persons as the Applicant were deceased), Griffiths J, having regard to the joint submission of the State and the applicant, considered that in the interests of justice and in accordance with the purposes of s 37M of the Federal Court of Australia Act 1976 (Cth) that an order be made under s 84D(4) of the NTA.