Farrer v State of Western Australia (No 3) [2021] FCA 1131

This was a dispute within the Ngarrawanji native title holding group about the establishment of a prescribed body corporate (PBC). Group membership of the Ngarrawanji #1 and Ngarrawanji #2 claim groups was central to the dispute. The Court had made determinations of native title but there was no PBC appointed. Previous mediation had not succeeded as expert anthropological opinion regarding genealogy which many group members had sought was unavailable due to border restrictions responding to the Covid-19 pandemic. Her Honour said that to conclude the matter the Ngarrawanji People had to nominate a PBC themselves or have the Indigenous Land and Sea Corporation hold native title on trust or as agent. Ultimately, Her Honour referred the matter to mediation, noting the parties were aware that these were the two options and that the orders made were intended to conclude the matter.