Native Title Determination Application-Acting of Indigenous Respondent (NSW)

Native Title & Land Rights

NTSCorp engaged Marrawah Law to act for an Aboriginal person who had filed an interlocutory application to become an indigenous respondent to the South Coast People native title determination application under s 84(5) of the Native Title Act 1993 (Cth).

The Application was part heard before Justice Perry and then referred to mediation. Mediation was convened by a Registrar of the Federal Court and occurred on at least five occasions. As agreed between the parties the outcomes from those mediations were as follows:

  • a historian, produced a report in relation to all material our client provided in support of the Application; and
  • an anthropologist, partially completed a report in relation to all material our client provided in support of the Application as well as all other relevant materials produced in the Mediation including the historian’s report referred to above.

Whilst the matter was on foot we provided regular updates and workplans to NTSCorp’s facilitation and assistance arm to ensure the client was adequately funded for legal representation including briefing counsel.

The client was a well-respected member of the community but lacked documentary evidence to support their assertion that they should be included within the claim group description. This was largely borne out of the fact that he and his immediate family members were members of the stolen generation. We understood that not only legal issues were at play, but culturally sensitive and political considerations were encroaching. We were able to approach the matter in a way that provided support to the client on a personal basis and clearly outline his legal position. In the end the client accepted our advice and withdrew the application without costs.