Doris Ryder & Others on behalf of Lamboo People/Western Australia/Alan Neville Brosnan and Phyllis Marie Brosnan

The case Doris Ryder & Others on behalf of Lamboo People v Western Australia involved a dispute over the proposed grant of prospecting licences. The Lamboo people, represented by Doris Ryder, contested the granting of these licences on the basis that it would interfere with their native title rights. The dispute was heard by the National Native Title Tribunal (NNTT). The legal issues in the case centred on whether the proposed grant of prospecting licences would directly interfere with the carrying on of the native title holders' community or social activities, interfere with sites of particular significance, or cause major disturbance to the land or waters. The Tribunal had to determine whether the expedited procedure for objection applications was applicable in this instance.

The NNTT considered the evidence provided by the native title party, which included a statement of contentions that was not sworn or affirmed but was witnessed by a Justice of the Peace. The Tribunal found that this document could be admissible if it was relevant to the application. The Tribunal noted that an assertion in a statement of contentions does not establish the validity of the assertions but can still be considered if it is relevant and admissible. The Tribunal accepted the statement of contentions in this case because it was not contested by the other parties. The Tribunal also considered the significance of the evidence in the context of the matter and whether it was contested. The Tribunal found that the evidence provided was not sufficient to attract the expedited procedure for objection applications as it did not meet the criteria outlined in s 237 of the Native Title Act.

The NNTT concluded that the evidence provided by the native title holders, while relevant, was not sufficient to meet the criteria for the expedited procedure. The Tribunal found that the proposed grant of prospecting licences was not likely to interfere directly with the carrying on of community or social activities, interfere with sites of particular significance, or cause major disturbance to the land or waters. Therefore, the Tribunal dismissed the objection and allowed the grant of prospecting licences to proceed. The Tribunal emphasised the importance of providing the best evidence available, usually in the form of an affidavit or statutory declaration, when critical evidence is in dispute.