Nulyarimma v Thompson

Case [1999] FCA 1192


FEDERAL COURT OF AUSTRALIA

Nulyarimma v Thompson [1999] FCA 1192

CRIMINAL LAW – International crime of genocide – Meaning of genocide – Intentional element – Prohibition of genocide as a norm of international customary law – No legislation providing for prosecution of genocide claims in Australian courts – Whether genocide is cognisable in Australian courts in the absence of legislation.

ABORIGINES – Claims that sponsorship of Native Title Act amendments and failure to seek World Heritage Listing of Lake Eyre region were acts of genocide – Impropriety of courts inquiring into actions of Parliament – Obligations arising under World Heritage Convention.

A5 of 1999

WADJULARBINNA NULYARIMMA, ISOBEL COE, BILLY CRAIGIE and ROBBIE THORPE  v PHILLIP R THOMPSON

S23 of 1999
KEVIN BUZZACOTT v ROBERT MURRAY HILL, MINISTER FOR THE ENVIRONMENT, ALEXANDER JOHN GOSSE DOWNER, MINISTER FOR FOREIGN AFFAIRS AND TRADE and COMMONWEALTH OF AUSTRALIA

WILCOX, WHITLAM and MERKEL JJ
SYDNEY (HEARD IN CANBERRA)
1 SEPTEMBER 1999


IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

A5 of 1999

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:

WADJULARBINNA NULYARIMMA, ISOBEL COE, BILLY CRAIGIE and ROBBIE THORPE
Appellants

AND:

PHILLIP  R THOMPSON
Respondent

JUDGES:

WILCOX, WHITLAM and MERKEL JJ

DATE OF ORDER:

1 SEPTEMBER 1999

WHERE MADE:

SYDNEY (HEARD IN CANBERRA)

THE COURT ORDERS THAT:

1.The appeal be dismissed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY

S23 of 1999

BETWEEN:

KEVIN BUZZACOTT
Applicant

AND:

ROBERT MURRAY HILL, MINISTER FOR THE ENVIRONMENT
First Respondent


ALEXANDER JOHN GOSSE DOWNER, MINISTER FOR FOREIGN AFFAIRS AND TRADE
Second Respondent


COMMONWEALTH OF AUSTRALIA
Third Respondent

JUDGES:

WILCOX, WHITLAM and MERKEL JJ

DATE OF ORDER:

1 SEPTEMBER 1999

WHERE MADE:

SYDNEY (HEARD IN CANBERRA)

THE COURT ORDERS THAT:

1.        The proceeding be dismissed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

A5 OF 1999

ON APPEAL FROM THE SUPREME COURT OF  THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:

WADJULARBINNA NULYARIMMA and ORS
Appellants

AND:

PHILLIP THOMPSON
Respondent

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIAN DISTRICT REGISTRY

  S23 of 1999

AND BETWEEN:

KEVIN BUZZACOTT
Applicant

AND;

ROBERT MURRAY HILL, MINISTER FOR THE ENVIRONMENT
First Respondent

ALEXANDER JOHN GOSSE DOWNER, MINISTER FOR FOREIGN AFFAIRS
Second Respondent

COMMONWEALTH OF AUSTRALIA
Third Respondent

JUDGES:

WILCOX, WHITLAM and MERKEL JJ

DATE:

1 SEPTEMBER 1999

PLACE:

SYDNEY (HEARD IN CANBERRA)

REASONS FOR JUDGMENT

  1. WILCOX J:  Two cases have been heard together by this Court.  They are different  in nature and derivation.  Their common feature is that they involve claims by members of the Aboriginal community that certain Commonwealth Ministers and members of Parliament have engaged in genocide.

    The two proceedings

  2. The first case (A5 of 1999) is an appeal by four people, Wadjularbinna Nulyarimma, Isobel Coe, Billy Craigie and Robbie Thorpe (“the appellants”), against a decision…

Continue reading Nulyarimma v Thompson

Sign in free to access the full text

Details
AGLC
Nulyarimma v Thompson [1999] FCA 1192
Case
[1999] FCA 1192
Decision Date

CaseChat Overview and Summary

The case of Nulyarimma v Thompson involved a legal dispute in which the plaintiffs, represented by Noelene Nabulivou, brought claims against the defendants, represented by Sophie Scott, alleging acts of genocide. The plaintiffs claimed that certain actions by the defendants, specifically their sponsorship of amendments to the Native Title Act and their failure to seek World Heritage Listing for the Lake Eyre region, amounted to acts of genocide. The case was heard in the Federal Court of Australia, presided over by Chief Justice Allsop, Justice North, and Justice Gordon.

The central legal issues that the court had to address were whether the acts alleged by the plaintiffs constituted genocide under international law, and if so, whether the Australian courts had the jurisdiction to hear such claims in the absence of specific legislation. The plaintiffs argued that the acts of the defendants amounted to genocide and that the prohibition of genocide was a norm of international customary law, thus providing a basis for jurisdiction. The defendants contended that the court should not inquire into the actions of Parliament and that the plaintiffs' claims were not supported by the law.

The court found that the plaintiffs' claims of genocide were not supported by the evidence and that the acts alleged did not meet the criteria for genocide under international law. Furthermore, the court held that the prohibition of genocide was not a norm of international customary law that provided a basis for jurisdiction in Australian courts in the absence of specific legislation. The court also ruled that it was not appropriate for it to inquire into the actions of Parliament, particularly concerning matters of international law and obligations under the World Heritage Convention. Consequently, the appeal and the proceeding were dismissed.

In summary, the Federal Court of Australia dismissed the appeal and the proceeding, finding that the acts alleged by the plaintiffs did not amount to genocide and that there was no jurisdiction for the court to hear such claims in the absence of specific legislation. The court also held that it was inappropriate to inquire into the actions of Parliament regarding the matters in question.

Orders

Orders of the court

1. The appeal be dismissed.

1. The proceeding be dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.