Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia
Case
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[2015] FCA 1481
•22 December 2015
Details
AGLC
Case
Decision Date
Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia [2015] FCA 1481
[2015] FCA 1481
22 December 2015
CaseChat Overview and Summary
This is a case concerning the consent determination of native title rights and interests for the Bunuba People. The court was required to decide whether the proposed determinations were appropriate and within power. The court concluded that the determinations were appropriate and within power, and made the orders in the terms submitted by the parties. The court recognised the traditional country of the Bunuba People, and congratulated the parties for negotiating and agreeing to the consent orders. The determinations recognise the native title rights and interests of the Bunuba People, including exclusive and non-exclusive rights and interests in relation to land and waters. The Bunuba Dawangarri Aboriginal Corporation RNTBC ICN 7813 will hold the determined native title in trust for the native title holders. The orders also provide for the exclusion of certain areas from the determination, and require the State to file amended schedules for the determination. There will be no order as to costs.
Details
Key Legal Topics
Areas of Law
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Indigenous Peoples & Native Title Law
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Property Law
Legal Concepts
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Native Title
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Consent Determination
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Exclusive Native Title Rights
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Non-Exclusive Native Title Rights
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Adverse Possession
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Legitimate Expectation
Actions
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Citations
Brooking on behalf of the Bunuba People (Bunuba #2) v State of Western Australia [2015] FCA 1481
Most Recent Citation
Carter on behalf of the Warrwa People v State of Western Australia (No 2) [2024] FCA 206
Cases Citing This Decision
26
Cases Cited
4
Statutory Material Cited
2
Wurrunmurra v State of Western Australia
[2012] FCA 1399
Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia
[2008] FCA 944
Ward v State of Western Australia
[2006] FCA 1848