Risk v Northern Territory

The case of Risk v Northern Territory involved an appeal by Larrakia, represented by Risk, against a decision made by the primary judge regarding the acknowledgment and observance of traditional laws and customs by the Larrakia people. The dispute centered on whether Larrakia had maintained their traditional laws and customs from sovereignty up until the present, as required by section 223(1) of the Native Title Act 1993 (Cth). The appeal was heard by the Full Court of the Federal Court of Australia. The court was tasked with determining whether the primary judge had correctly evaluated the evidence, particularly the oral evidence, and whether he had properly applied the Yorta Yorta decision in his analysis. Additionally, the court had to consider if the primary judge erred by not adopting certain findings made by the Aboriginal Land Commissioner in the Kenbi land claim.

The court found that the primary judge had not mischaracterised or failed to deal with the case as presented by Larrakia. The judge had considered all the evidence, including the oral evidence, and had made findings that were consistent with the evidence presented. The court held that the primary judge had not ignored evidence critical to the issues in the case and had correctly assessed the evidence as a whole. The court also found that the primary judge had not misapplied the Yorta Yorta decision, but rather had correctly determined that Larrakia's current laws and customs were not 'traditional' in the sense required by that case. The court further concluded that the primary judge was not required to adopt findings made by the Aboriginal Land Commissioner, as those findings were not relevant to the issues in the present case.

The appeal was dismissed, and the court ordered that the Commonwealth pay the costs of the other parties in relation to the intervention. This decision underscores the importance of properly evaluating evidence and applying legal precedents correctly, while also highlighting the difficulties faced by self-represented litigants in complex legal proceedings.