Vos, on behalf of the Tjalkadjara Native Title Claim Group v State of Western Australia [2025] FCA 1439

1. Since 2018, by proceedings in this Court, the Tjalkadjara Native Title Claim Group has been seeking a determination of native title in respect of land in the vicinity of Lake Wells within the Shire of Laverton in Western Australia. Until recently, part of the area the subject of those proceedings has been the subject of an overlapping claim by the Waturta Native Title Claim Group.
2. In August 2025, the Court was informed that the applicant for the Tjalkadjara Claim proposed to amend the claim to remove any claim by the Tjalkadjara Native Title Claim Group to native title in respect of the area of overlap. At that time, an amendment to the statement of facts, issues and contentions in the proceedings brought by the applicant for the Tjalkadjara Claim was allowed on the basis of the applicant's authority to conduct the proceedings. However, the Court was informed that it was necessary to convene a claim group meeting to approve the bringing of an application to reduce the area the subject of the application in the proceedings. As to these matters, see Waturta Tjalkadjara Proceeding [2025] FCA 1145.
3. Thereafter, the applicant for the Tjalkadjara Claim brought an interlocutory application dated 24 October 2025 to amend the external boundaries of the land the subject of the application so that it no longer overlapped the boundaries of the Waturta Claim. It did so on the basis of affidavit evidence deposing to a meeting of the Tjalkadjara Native Title Claim Group held on 14 and 15 October 2025 at which the amendment of the boundary to the claim so as to remove any overlap with the area the subject of the claim by the Waturta Native Title Claim Group was approved. On the evidence, the meeting was duly convened.
4. On 30 October 2025, an order was made that any party to the proceedings who opposed the interlocutory application to amend the external boundaries to remove the overlap do give formal notice of opposition and file and serve a notice specifying the grounds of opposition by 14 November 2025. That date has passed without any such notice being given.
5. On the basis of the evidence in support of the interlocutory application, I am satisfied that the requisite approval has been given by the Tjalkadjara Native Title Claim Group to change the boundaries. I am also satisfied that there is no opposition to those orders. There being no contentious factual or legal matters, it is appropriate for the interlocutory application to be determined on the papers.
6. Accordingly, there will be orders as sought by the interlocutory application.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Colvin.