Barker J
In this matter, Barker J gave directions for the matter to proceed by way of conferral and referral of questions about the overlaps between claimant applications to mediation with a hearing to follow should negotiations be unsuccessful. Various case management orders were made. The proceeding involved five separate claim group applications claiming native title rights and interests in the Geraldton region in the mid-west of Western Australia. A number of years ago the State of Western Australia indicated that it was unwilling to continue negotiations with respect to the claims.
The case involved a number of claimants which has the potential for a degree of disagreement between the groups as to who are the right people for country. The State sought orders for a trial of a separate land area that includes parts of the areas the subject of each of the claimant applications. The claimants, or most of them, resisted the State’s approach.
Barker J directed that the parties proceed in two stages. The first would involve early mediation between the contesting claimants to resolve overlapping claims, consider alternative settlement proposals and explore the possibility of reaching agreement with the State.
If that form of resolution cannot be achieved by early 2017, then the matters will necessarily have to proceed to a trial.