Miriuwung Gajerrong case has lessons for all 

National Native Title Tribunal President Justice Robert French said the Federal Court's decision today that native title existed over part of the land claimed by the Miriuwung Gajerrong people would make a significant contribution to the resolution of native title claims around Australia.

Justice French said the decision on the 7,800 square kilometre claim on the Western Australian and Northern Territory border clarified a number of important issues in the relatively new field of native title law.

"While it must be remembered that the decision is claim specific, it adds significantly to our knowledge about what native title can mean and where it can exist," he said.

Justice French said the decision also underscored the importance of mediation as a route to resolving native title applications.

"Fighting this matter through the Federal Court has been an expensive, adversarial and protracted exercise for all concerned and at the end of the day, mediation is still necessary to put the Court's decision into practical effect."

"Claimants, State and Territory Governments and other parties around Australia should take note of the experiences of the parties to the Miriuwung-Gajerrong case and recognise that mediation is a more inexpensive way to achieve practical results which are supported by all parties."

The native title application was lodged with the Tribunal on 6 April 1994. The Tribunal referred the matter to the Federal Court on 7 February 1995 after a lack of progress in mediation.