Recent Cases

Drury on behalf of the Nanda People v State of Western Australia [2020] FCAFC 69 (21 April 2020) (Mortimer, White and Colvin JJ)


NATIVE TITLE – consideration of questions referred to the Full Court – where consent determination made recognising non-exclusive native title rights held by two groups over same area – whether Court has power under Native Title Act 1993 (Cth) to determine more than one prescribed body corporate to perform functions given to PBCs – whether Court has discretion to determine that there should only be one PBC where each group nominates separate PBCs – consideration of practical issues arising where overlapping determinations of native title are proposed to be made by consent