Roberts v State of Western Australia

The Federal Court of Australia was asked to decide on the eligibility of various families to be members of the Kariyarra People, a group seeking native title determinations. The dispute involved two applications, one filed in 1998 and the other in 2009, with conflicting views among the applicants on who should form the group. The applicants and the State of Western Australia proposed appointing an independent anthropologist to report on the traditional laws and customs regarding membership of the Kariyarra People. The court had to decide whether to allocate its resources for this purpose and the scope of the questions to be addressed by the expert.

Justice North ruled that the case was of sufficient importance to warrant the court's resources being allocated to an independent anthropological expert. The expert would provide clarity on the issues and potentially assist in reaching agreement within the community. The court accepted the narrower scope of the questions proposed by the applicants, as it avoided duplication of previous research. The court also ordered that the costs of the video conference facility used in the hearing should be borne by the court, as it allowed the community to participate and understand the court's intention to conduct a trial if necessary.

In summary, the court decided to appoint an independent anthropologist to report on the traditional laws and customs of the Kariyarra People, with the narrower scope of questions proposed by the applicants. The court also ordered that the costs of the video conference facility be borne by the court as part of the administration of justice. The matter was to be re-listed for further directions, with the court intending to conduct a trial in the second half of 2011.