Stream v State of Western Australia (Palyku #2) [2021] FCA 1068

In this case, Mr Stream (the applicant) and the State of Western Australia (the respondent) agreed to the terms of a determination of native title. The parties had previously agreed not to file for a consent determination because a portion of the determination area overlapped with another native title claim (Nyamal #1). In April 2021, the Federal Court made orders which dismissed the Nyamal #1 application. This removed the overlap which was the catalyst for the parties deciding not to make the agreement as to the terms of a determination. Because of this, the application for a consent determination was made and McKerracher J made the determination per s 87A of the Native Title Act 1993 (Cth).