Arnold Franks and Others v Western Australiaand Others (No 2) [2007] FCA 45 (25 January 2007)

Last Updated: 8 March 2007

FEDERAL COURT OF AUSTRALIA

Arnold Franks and Others v State of Western Australia and Others (No 2)

[2007] FCA 45

NATIVE TITLE – practice and procedure – directions to give effect to previously published reasons for decision














ARNOLD FRANKS AND OTHERS v STATE OF WESTERN AUSTRALIA AND OTHERS
WAD6273 OF 1998, WAD6193 OF 1998, WAD6236 OF 1998, WAD6194 OF 1998, WAD6161 OF 1998, WAD6136 OF 1998, WAD6132 OF 1998, WAD6123 OF 1998, WAD6119 OF 1998, WAD6033 OF 1998, WAD6006 OF 2001, WAD6002 OF 2004, WAD6001 OF 2000, WAD286 OF 2004

FRANK FRENCH AND OTHERS v STATE OF WESTERN AUSTRALIA AND OTHERS
WAD82 OF 1998, WAD6173 OF 1998, WAD6090 OF 1998, WAD6096 OF 1998, WAD6285 OF 1998, WAD6278 OF 1998, WAD6007 OF 2000, WAD127 OF 1997, WAD6256 OF 1998







FRENCH J
25 JANUARY 2007
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6273 OF 1998

BETWEEN:	ARNOLD FRANKS Applicant
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. The representatives of the 10 applications listed in the Southwest Geraldton Cluster Chart (Attached as Annexure A) attend meetings called or attended by the National Native Title Tribunal, in consultation with the applicants for the said claims, between 1 January and 30 June 2007 for the purpose of resolving overlaps. For the purposes of this Order, such meetings can include meetings of joint working parties made up of representatives of some or all of the claim groups to discuss resolving the claims or the overlaps between them.
2. By 2 March 2007, the National Native Title Tribunal provide the Court and all active respondents with a timetable of meetings with all parties.
3. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report detailing the steps taken to resolve the overlaps.
4. By 30 April 2007 the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation and the State of Western Australia provide the Court and all active respondents with a report as to the progress of the preparation and assessment of connection material for all claims in the southwest Geraldton area.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6193 OF 1998

BETWEEN:	JOAN MARGARET MARTIN Applicant
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. The representatives of the 10 applications listed in the Southwest Geraldton Cluster Chart (Attached as Annexure A) attend meetings called or attended by the National Native Title Tribunal, in consultation with the applicants for the said claims, between 1 January and 30 June 2007 for the purpose of resolving overlaps. For the purposes of this Order, such meetings can include meetings of joint working parties made up of representatives of some or all of the claim groups to discuss resolving the claims or the overlaps between them.
2. By 2 March 2007, the National Native Title Tribunal provide the Court and all active respondents with a timetable of meetings with all parties.
3. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report detailing the steps taken to resolve the overlaps.
4. By 30 April 2007, the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation and the State of Western Australia provide the Court and all active respondents with a report as to the progress of the preparation and assessment of connection material for all claims in the southwest Geraldton area.
5. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report on the Tribunal research project examining the overlap area between Badimia (WAD6123/98) and Widi Mob (WAD6193/98).

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6236 OF 1998

BETWEEN:	ANTHONY JAMES BELLOTTI AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. By 30 April 2007, the applicants (and/or their representatives) of the Gnulli (WAD6161/98), Malgana (WAD6236/98) and Nanda (WAD6136/98) claim groups and the Mullewa Wajarri claim group (WAD6119/98) attend meetings convened by the National Native Title Tribunal to discuss the content and status of existing research materials covering their respective claim areas.
2. By 14 May 2007, the National Native Title Tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Order 1.
3. By 31 May 2007, the National Native Title Tribunal, in consultation with the Yamatji Malpa Barna Baba Maaja Aboriginal Corporation, develop a program for the conduct of further necessary research in each of these matters and submit a copy to all active respondents and the Court before the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6194 OF 1998

BETWEEN:	KEITH EDWARD COUNCILLOR AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. The representatives of the 10 applications listed in the Southwest Geraldton Cluster Chart (Attached as Annexure A) attend meetings called or attended by the National Native Title Tribunal, in consultation with the applicants for the said claims, between 1 January and 30 June 2007 for the purpose of resolving overlaps. For the purposes of this Order, such meetings can include meetings of joint working parties made up of representatives of some or all of the claim groups to discuss resolving the claims or the overlaps between them.
2. By 2 March 2007, the National Native Title Tribunal provide the Court and all active respondents with a timetable of meetings with all parties.
3. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report detailing the steps taken to resolve the overlaps.
4. By 30 April 2007 the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation and the State of Western Australia provide the Court and all active respondents with a report as to the progress of the preparation and assessment of connection material for all claims in the southwest Geraldton area.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6161 OF 1998

BETWEEN:	RONALD CROWE AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. By 30 April 2007, the applicants (and/or their representatives) of the Gnulli (WAD6161/98), Malgana (WAD6236/98) and Nanda (WAD6136/98) claim groups and the Mullewa Wajarri claim group (WAD6119/98) attend meetings convened by the National Native Title Tribunal to discuss the content and status of existing research materials covering their respective claim areas.
2. By 14 May 2007, the National Native Title Tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Order 1.
3. By 31 May 2007, the National Native Title Tribunal, in consultation with the Yamatji Malpa Barna Baba Maaja Aboriginal Corporation, develop a program for the conduct of further necessary research in each of these matters and submit a copy to all active respondents and the Court before the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6136 OF 1998

BETWEEN:	VIOLET DRURY AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. By 30 April 2007, the applicants (and/or their representatives) of the Gnulli (WAD6161/98), Malgana (WAD6236/98) and Nanda (WAD6136/98) claim groups and the Mullewa Wajarri claim group (WAD6119/98) attend meetings convened by the National Native Title Tribunal to discuss the content and status of existing research materials covering their respective claim areas.
2. By 14 May 2007, the National Native Title Tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Order 1.
3. By 31 May 2007, the National Native Title Tribunal, in consultation with the Yamatji Malpa Barna Baba Maaja Aboriginal Corporation, develop a program for the conduct of further necessary research in each of these matters and submit a copy to all active respondents and the Court before the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6123 OF 1998

BETWEEN:	CLARA GEORGE AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. The representatives of the 10 applications listed in the Southwest Geraldton Cluster Chart (Attached as Annexure A) attend meetings called or attended by the National Native Title Tribunal, in consultation with the applicants for the said claims, between 1 January and 30 June 2007 for the purpose of resolving overlaps. For the purposes of this Order, such meetings can include meetings of joint working parties made up of representatives of some or all of the claim groups to discuss resolving the claims or the overlaps between them.
2. By 2 March 2007, the National Native Title Tribunal provide the Court and all active respondents with a timetable of meetings with all parties.
3. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report detailing the steps taken to resolve the overlaps.
4. By 30 April 2007, the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation and the State of Western Australia provide the Court and all active respondents with a report as to the progress of the preparation and assessment of connection material for all claims in the southwest Geraldton area.
5. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report on the Tribunal research project examining the overlap area between Badimia (WAD6123/98) and Widi Mob (WAD6193/98).

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6119 OF 1998

BETWEEN:	KENNETH JOHN PAPERTALK AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. The representatives of the 10 applications listed in the Southwest Geraldton Cluster Chart (attached as Annexure A) attend meetings called or attended by the National Native Title Tribunal, in consultation with the applicants for the said claims, between 1 January and 30 June 2007 for the purpose of resolving overlaps. For the purposes of this Order, such meetings can include meetings of joint working parties made up of representatives of some or all of the claim groups to discuss resolving the claims or the overlaps between them.

2. By 2 March 2007, the National Native Title Tribunal provide the Court and all active respondents with a timetable of meetings with all parties.

3. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report detailing the steps taken to resolve the overlaps.

4. By 30 April 2007, the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation and the State of Western Australia provide the Court and all active respondents with a report as to the progress of the preparation and assessment of connection material for all claims in the southwest Geraldton area.

5. By 30 April 2007, the applicants (and/or their representatives) of the Gnulli (WAD6161/98), Malgana (WAD6236/98) and Nanda (WAD6136/98) claim groups and the Mullewa Wajarri claim group (WAD6119/98) attend meetings convened by the National Native Title Tribunal to discuss the content and status of existing research materials covering their respective claim areas.

6. By 14 May 2007, the National Native Title Tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Order 5.

7. By 31 May 2007, the National Native Title Tribunal, in consultation with the Yamatji Malpa Barna Baba Maaja Aboriginal Corporation, develop a program for the conduct of further necessary research in each of these matters and submit a copy to all active respondents and the Court before the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6033 OF 1998

BETWEEN:	IKE SIMPSON AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. The representatives of the 10 applications listed in the Southwest Geraldton Cluster Chart (Attached as Annexure A) attend meetings called or attended by the National Native Title Tribunal, in consultation with the applicants for the said claims, between 1 January and 30 June 2007 for the purpose of resolving overlaps. For the purposes of this Order, such meetings can include meetings of joint working parties made up of representatives of some or all of the claim groups to discuss resolving the claims or the overlaps between them.
2. By 2 March 2007, the National Native Title Tribunal provide the Court and all active respondents with a timetable of meetings with all parties.
3. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report detailing the steps taken to resolve the overlaps.
4. By 30 April 2007 the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation and the State of Western Australia provide the Court and all active respondents with a report as to the progress of the preparation and assessment of connection material for all claims in the southwest Geraldton area.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6006 OF 2001

BETWEEN:	KEVIN TAYLOR ILDEPHONSE TAYLOR Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. The representatives of the 10 applications listed in the Southwest Geraldton Cluster Chart (Attached as Annexure A) attend meetings called or attended by the National Native Title Tribunal, in consultation with the applicants for the said claims, between 1 January and 30 June 2007 for the purpose of resolving overlaps. For the purposes of this Order, such meetings can include meetings of joint working parties made up of representatives of some or all of the claim groups to discuss resolving the claims or the overlaps between them.
2. By 2 March 2007, the National Native Title Tribunal provide the Court and all active respondents with a timetable of meetings with all parties.
3. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report detailing the steps taken to resolve the overlaps.
4. By 30 April 2007 the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation and the State of Western Australia provide the Court and all active respondents with a report as to the progress of the preparation and assessment of connection material for all claims in the southwest Geraldton area.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6002 OF 2004

BETWEEN:	RAYMOND DANN AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. The representatives of the 10 applications listed in the Southwest Geraldton Cluster Chart (Attached as Annexure A) attend meetings called or attended by the National Native Title Tribunal, in consultation with the applicants for the said claims, between 1 January and 30 June 2007 for the purpose of resolving overlaps. For the purposes of this Order, such meetings can include meetings of joint working parties made up of representatives of some or all of the claim groups to discuss resolving the claims or the overlaps between them.
2. By 2 March 2007, the National Native Title Tribunal provide the Court and all active respondents with a timetable of meetings with all parties.
3. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report detailing the steps taken to resolve the overlaps.
4. By 30 April 2007 the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation and the State of Western Australia provide the Court and all active respondents with a report as to the progress of the preparation and assessment of connection material for all claims in the southwest Geraldton area.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6001 OF 2000

BETWEEN:	GLEN COUNCILLOR AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. The representatives of the 10 applications listed in the Southwest Geraldton Cluster Chart (Attached as Annexure A) attend meetings called or attended by the National Native Title Tribunal, in consultation with the applicants for the said claims, between 1 January and 30 June 2007 for the purpose of resolving overlaps. For the purposes of this Order, such meetings can include meetings of joint working parties made up of representatives of some or all of the claim groups to discuss resolving the claims or the overlaps between them.
2. By 2 March 2007, the National Native Title Tribunal provide the Court and all active respondents with a timetable of meetings with all parties.
3. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report detailing the steps taken to resolve the overlaps.
4. By 30 April 2007 the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation and the State of Western Australia provide the Court and all active respondents with a report as to the progress of the preparation and assessment of connection material for all claims in the southwest Geraldton area.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD286 OF 2004

BETWEEN:	GREGORY MALCOM PHILLIPS AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. The representatives of the 10 applications listed in the Southwest Geraldton Cluster Chart (Attached as Annexure A) attend meetings called or attended by the National Native Title Tribunal, in consultation with the applicants for the said claims, between 1 January and 30 June 2007 for the purpose of resolving overlaps. For the purposes of this Order, such meetings can include meetings of joint working parties made up of representatives of some or all of the claim groups to discuss resolving the claims or the overlaps between them.
2. By 2 March 2007, the National Native Title Tribunal provide the Court and all active respondents with a timetable of meetings with all parties.
3. By 30 April 2007, the National Native Title Tribunal provide the Court and all active respondents with a progress report detailing the steps taken to resolve the overlaps.
4. By 30 April 2007 the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation and the State of Western Australia provide the Court and all active respondents with a report as to the progress of the preparation and assessment of connection material for all claims in the southwest Geraldton area.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD82 OF 1998

BETWEEN:	FRANK FRENCH AND OTHERS Applicants
AND:	PREMIER AND STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. Before 30 April 2007, representatives of the native title claim group and/or their advisors of the Warran #1 (WAD82/98), Njamal (WAD6028/98) and Njamal #10 (WAD6003/00) claimant groups shall, and representatives of the native title claim group and or their advisors of the Ngarla (WAD6185/98) and Ngarla 2 (WAD77/05) claimant groups may, attend a meeting convened by the National Native Title Tribunal to discuss the resolution of overlaps.
2. By 14 May 2007, the National Native Title Tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Order 1.
3. The National Native Title Tribunal, in consultation with the parties, is to prepare a plan for resolution of overlaps and submit it to all active respondents and the Court prior to the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6173 OF 1998

BETWEEN:	LIMPET GIGGLES AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. Before 30 April 2007, Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation will provide the National Native Title Tribunal with an outline of steps already taken to effect lodgment of a "Single Innawonga" application and a plan and timetable for further mediation of outstanding issues with a view to the resolution of the claim or the constituent claims.
2. By 14 May 2007, the National Native Title Tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Order 1.
3. Before the next regional directions hearing the National Native Title Tribunal shall convene a meeting between representatives of the native title claim group and/or their advisors of the Innawonga (WAD6285/98), Gobawarrah Mindurra Yinhawanga (WAD6173/98) and Jurruru WAD6007/00) claimant groups to determine a process for mediation of outstanding issues or implementation of a plan.
4. The Tribunal will provide all active respondents and the Court with a report of the outcomes of the meeting convened pursuant to Order 3 and a copy of the timetable before the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6090 OF 1998

BETWEEN:	JEAN LOCKYER AND OTHERS Applicant
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. Before 30 April 2007, representatives of the native title claim group and/or their advisors of the Kuruma Marthudunera (WAD6090/98), Yaburara & Mardudhunera (WAD127/97) and Wong-goo-to-oo (WAD6256/1998) claimant groups are to attend a meeting convened by the National Native Title Tribunal to discuss the resolution of overlaps.
2. By 14 May 2007, the National Native Title Tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Order 1.
3. The National Native Title Tribunal, in consultation with parties, is to prepare a plan for resolving the overlaps between Kuruma Marthudunera (WAD6090/98), Yaburara & Mardudhunera (WAD127/97) and Wong-goo-to-oo (WAD6256/98) and present the plan to all active respondents and the Court prior to the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

N THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6096 OF 1998

BETWEEN:	NICHOLAS COOK AND OTHERS Applicant
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. Before 30 April 2007, Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation will provide the National Native Title Tribunal with an outline of steps already taken to effect lodgment of a "Single Innawonga" application and a plan and timetable for further mediation of outstanding issues with a view to the resolution of the claim or the constituent claims.
2. Before 30 April 2007, Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation will provide the National Native Title Tribunal with an outline of steps already taken to effect lodgment of a "Single Bunjima" application and a plan and timetable for further mediation of outstanding issues with a view to the resolution of the claim or the constituent claims.
3. By 14 May 2007, the National Native Title Tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Orders 1 and 2.
4. Before the next regional directions hearing the National Native Title Tribunal shall convene a meeting between the representatives of the native title claim group and/or their advisors of the Innawonga Bunjima (WAD6096/98) and Martu Idja Bunjima (WAD6278/98) claimant groups to determine a process for mediation of outstanding issued or implementation of a plan.
5. The National Native Title Tribunal will provide all active respondents and the Court with a report of the outcomes of the meeting convened pursuant to Order 4 and a copy of the timetable before the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6285 OF 1998

BETWEEN:	CHUBBY JONES AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. Before 30 April 2007, Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation will provide the National Native Title Tribunal with an outline of steps already taken to effect lodgment of a "Single Innawonga" application and a plan and timetable for further mediation of outstanding issues with a view to the resolution of the claim or the constituent claims.
2. By 14 May 2007, the National Native Title Tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Order 1.
3. Before the next regional directions hearing the National Native Title Tribunal shall convene a meeting between representatives of the native title claim group and/or their advisors of the Innawonga (WAD6285/98), Gobawarrah Mindurra Yinhawanga (WAD6173/98) and Jurruru WAD6007/00) claimant groups to determine a process for mediation of outstanding issues or implementation of a plan.
4. The Tribunal will provide all active respondents and the Court with a report of the outcomes of the meeting convened pursuant to Order 3 and a copy of the timetable before the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6278 OF 1998

BETWEEN:	HORACE PARKER AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA Respondent

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. Before 30 April 2007, Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation will provide the National Native Title Tribunal with an outline of steps already taken to effect lodgment of a "Single Bunjima" application and a plan and timetable for further mediation of outstanding issues with a view to the resolution of the claim or the constituent claims.
2. By 14 May 2007, the National Native Title tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Order 1.
3. Before the next regional directions hearing the National Native Title Tribunal shall convene a meeting between the representatives of the native title claim group and/or their advisors of the Innawonga Bunjima (WAD6096/98) and Martu Idja Bunjima (WAD6278/98) claimant groups to determine a process for mediation of outstanding issues or implementation of a plan.
4. The National Native Title Tribunal will provide all active respondents and the Court with a report of the outcomes of the meeting convened pursuant to Order 3 and a copy of the timetable before the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6007 OF 2000

BETWEEN:	TOBY SMIRKE AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. Before 30 April 2007, Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation will provide the National Native Title Tribunal with an outline of steps already taken to effect lodgment of a "Single Innawonga" application and a plan and timetable for further mediation of outstanding issues with a view to the resolution of the claim or the constituent claims.
2. By 14 May 2007, the National Native Title Tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Order 1.
3. Before the next regional directions hearing the National Native Title Tribunal shall convene a meeting between representatives of the native title claim group and/or their advisors of the Innawonga (WAD6285/98), Gobawarrah Mindurra Yinhawanga (WAD6173/98) and Jurruru WAD6007/00) claimant groups to determine a process for mediation of outstanding issues or implementation of a plan.
4. The Tribunal will provide all active respondents and the Court with a report of the outcomes of the meeting convened pursuant to Order 3 and a copy of the timetable before the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD127 OF 1997

BETWEEN:	VALERIE HOLBOROW AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. Before 30 April 2007, representatives of the native title claim group and/or their advisors of the Kuruma Marthudunera (WAD6090/98), Yaburara & Mardudhunera (WAD127/97) and Wong-goo-to-oo (WAD6256/1998) claimant groups are to attend a meeting convened by the National Native Title Tribunal to discuss the resolution of overlaps.
2. By 14 May 2007, the National Native Title Tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Order 1.
3. The National Native Title Tribunal, in consultation with parties, is to prepare a plan for resolving the overlaps between Kuruma Marthudunera (WAD6090/98), Yaburara & Mardudhunera (WAD127/97) and Wong-goo-to-oo (WAD6256/98) and present the plan to all active respondents and the Court prior to the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6256 OF 1998

BETWEEN:	BETTY DALE AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE OF ORDER:	25 JANUARY 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1. Before 30 April 2007, representatives of the native title claim group and/or their advisors of the Kuruma Marthudunera (WAD6090/98), Yaburara & Mardudhunera (WAD127/97) and Wong-goo-to-oo (WAD6256/1998) claimant groups are to attend a meeting convened by the National Native Title Tribunal to discuss the resolution of overlaps.
2. By 14 May 2007, the National Native Title Tribunal prepare and send to all active respondents a report detailing the outcomes of the meeting convened pursuant to Order 1.
3. The National Native Title Tribunal, in consultation with parties, is to prepare a plan for resolving the overlaps between Kuruma Marthudunera (WAD6090/98), Yaburara & Mardudhunera (WAD127/97) and Wong-goo-to-oo (WAD6256/98) and present the plan to all active respondents and the Court prior to the next regional directions hearing.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD6273 OF 1998 WAD6193 OF 1998 WAD6236 OF 1998 WAD6194 OF 1998 WAD6161 OF 1998 WAD6136 OF 1998 WAD6123 OF 1998 WAD6119 OF 1998 WAD6033 OF 1998 WAD6006 OF 2001 WAD6002 OF 2004 WAD6001 OF 2000 WAD286 OF 2004

BETWEEN:	ARNOLD FRANKS AND OTHERS Applicant
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondent

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD82 OF 1998 WAD6173 OF 1998 WAD6090 OF 1998 WAD6096 OF 1998 WAD6285 OF 1998 WAD6278 OF 1998 WAD6007 OF 2000 WAD127 OF 1997 WAD6256 OF 1998

BETWEEN:	FRANK FRENCH AND OTHERS Applicants
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	FRENCH J
DATE:	25 JANUARY 2007
PLACE:	PERTH

REASONS FOR JUDGMENT

1 In reasons for decision published on 21 December 2006 I foreshadowed directions that would be given in respect of native title determinations pending in the Geraldton and Pilbara region and subject to current referrals to the National Native Title Tribunal (the Tribunal) for mediation. The reasons for decision cover the preparation of revised mediation protocols and programs for those applications subject to mediation. The Tribunal’s proposal to the Court for revised mediation timetables responded to chronic delays in the mediation of native title determination applications in the two regions, in particular in relation to the resolution of overlap issues and the preparation of connection materials by the various applicant groups.

2 The Tribunal had prepared outlines of proposed orders for revised regional mediation protocols. In both the Geraldton and Pilbara regions past mediation protocols and timetables had not been adhered to. I made orders on 21 December 2006 for the parties to convene with the Tribunal in order to formulate precise minutes in respect of the applications in each region in order to give effect to the Tribunal’s proposals. The directions hearings were otherwise adjourned to 29 June 2007.

3 A meeting was convened between the parties and the Tribunal on 15 January 2007 and on 18 January 2007 a minute of proposed orders was sent in to the Court by the Tribunal for each region. After discussions between Deputy Registrar Eaton and the Tribunal a revised version of the minutes was sent in by the Tribunal on 19 January 2007 which made variations to deal with claims involved in more than one overlap management strategy, to make the specific matter numbers more evident and to remove some claims from the revised mediation protocols. Where particular claims included in the 21 December 2006 judgment have been removed it is because they are not ready to mediate or because active mediation protocols are already in place. I propose to make orders in terms of the revised Pilbara and Geraldton minutes.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice French.

Associate:
Dated: 25 January 2007

Dates of Proposed Orders:	18 and 19 January 2007
Date of Judgment:	25 January 2007