Dhu v Karlka Nyiyaparli Aboriginal Corporation RNTBC (No 2)

The Federal Court heard a case between the applicants and the Karlka Nyiyaparli Aboriginal Corporation RNTBC. The applicants, who are descendants of Ijiyangu, a named apical ancestor for the Nyiyaparli determination, sought recognition as Nyiyaparli people and sought a declaration that certain resolutions made by the Corporation were ineffective. The applicants alleged that the resolutions were not made in accordance with the Corporation's constitution and traditional law and custom, and that the resolutions were invalid. The Court was required to decide whether the resolutions were validly made and, if not, whether the applicants were entitled to any relief. The Court found that the resolutions were not made in accordance with the Corporation's constitution and traditional law and custom. The Court found that the resolutions were not made under the authority of the Corporation's constitution, and that the Corporation's decision-making processes were not followed. The Court found that the resolutions were therefore invalid. The Court found that the applicants were not entitled to any relief beyond declaratory relief. The Court found that the applicants had not met the criterion of mutual recognition, which requires that the applicants be recognised as Nyiyaparli people by the Nyiyaparli common law holders. The Court found that the applicants had not yet demonstrated their commitment to a Nyiyaparli identity, to learning about Nyiyaparli traditional law and custom, and to learning about all of Nyiyaparli country. The Court found that the parties might consider engaging an external mediator to assist them in attempting to agree what the applicants need to do, and what the Nyiyaparli people need to do, to work towards genuine mutual recognition.

The Court made a declaration that the resolutions were not made "under" Nyiyaparli traditional law and custom. The Court did not make any other orders. The Court found that the applicants had not proven that at the time of trial they met all aspects of the criteria for membership of the Nyiyaparli people. The Court found that the applicants had not met the criterion of mutual recognition. The Court found that the applicants had not yet demonstrated their commitment to a Nyiyaparli identity, to learning about Nyiyaparli traditional law and custom, and to learning about all of Nyiyaparli country. The Court found that the parties might consider engaging an external mediator to assist them in attempting to agree what the applicants need to do, and what the Nyiyaparli people need to do, to work towards genuine mutual recognition.