FEDERAL COURT OF AUSTRALIA
Rubibi Community v State of Western Australia (No 7) [2006] FCA 459
CORRIGENDUM
FRANK SEBASTIAN AND OTHERS (SEE SCHEDULE) v STATE OF WESTERN AUSTRALIA AND OTHERS (SEE SCHEDULE)
WAD 6006 of 1998 and WAD 223 OF 2004MERKEL J
28 APRIL 2006 (CORRIGENDUM 10 MAY 2006)
BROOME (HEARD IN MELBOURNE AND BROOME)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 6006 of 1998 and WAD 223 of 2004
BETWEEN:
FRANK SEBASTIAN AND OTHERS
(See Schedule)
APPLICANTSAND:
STATE OF WESTERN AUSTRALIA AND OTHERS
(See Schedule)
RESPONDENTSJUDGE:
MERKEL J
DATE OF ORDER:
28 APRIL 2006
WHERE MADE:
BROOME (HEARD IN MELBOURNE AND BROOME)
CORRIGENDUM
1In the list of appearances, counsel for the State of Western Australia, 2nd line, replace ‘Mr’ with ‘Ms’.
I certify that the preceding paragraph is a true copy of the Corrigendum to Reasons for Judgment of the Honourable Justice Merkel. Associate:
Dated: 10 May 2006
SCHEDULE
APPLICANTS:
CORPUS, Michael
DJIAGWEEN, Cecilia
DJIAGWEEN, Francis
DODSON, Patrick
EDGAR, Elsie
EDGAR, Felix
HUNTER, Richard
ROE, Joseph
ROE, Joseph ‘Nipper’
ROE, Teresa
SADDLER, Thelma
SEBASTIAN, Frank
RESPONDENTS:
01 Government Interests – State of Western Australia
Aboriginal Affairs Department
Aboriginal Lands Trust
Commissioner of Main Roads
Electricity Corporation
Minister for Aboriginal Affairs
Minister for Energy
Minister for Fisheries
Minister for Lands
Minister for Mines
Minister for Transport
Minister for Water Resources
State of Western Australia
02 Government Interests – Commonwealth of Australia
Airservices Australia
02A Government Interests – Commonwealth of Australia
Commonwealth of Australia
02A Government Interests – Local Government
Shire of Broome
04 Indigenous Interests
Bilgungurr Aboriginal Corporation
Kimberley Land Council
MATSUMOTO, Peter
ROBINSON, Margaret Mary
ROE, Edward Leonard
05 Mining Interests
CONNOLLY, Peter Scott
COUNTY, Brian Stanley
Maple Oil Exploration NL (Administrators Appointed) (Receivers and Managers Appointed)
06 Pastoral Interests
CROOK, Reginald D
Thangoo Pty Ltd (Thangoo Station)
07 Telecommunications Industry Interests
Telstra Corporation Limited
08 Tourism Interests
Broome Crocodile Park
Cable Beach Jet Boat Charter
Dampier Creek Boat Tours
Kimberley Birdwatching
The Kimberley Connection Pty Ltd
09 Fishing Interests
Australian Ocean Exporters Pty Ltd
BLATCHFORD, Kevin
Broometime Charters
CANNEY, Pam
FRASER, Alan John
IGNOTI, Les
IGNOTI, Peter
IGNOTI, Russell
Kimberley Fish and Ice Supplies
Lenden Nominees Pty Ltd
Leveque Wilderness Fishing Charters
LEW, Ian
LITTLETON, Kyran R
MOORE, Gary
NEWTON, Ross
Pearl Coast Charters
Pearl Sea Coastal Cruises
WEIR, Neville
09A Fishing Interests
Western Australian Fishing Industry Council (Inc)
10 Pearling Interests
Australian Sea Pearls Pty Ltd
Broome Pearls Pty Ltd
Cygnet Bay Pearls
Paspaley Pearling Company Pty Ltd
Pearls Pty Ltd
Roebuck Pearl Producers Pty Ltd
Willie Creek Pearl Farm and Broome Coachlines
11 Petroleum Interests
E-Com Multi Limited
12 Non Party (For Information Only)
National Native Title Tribunal
FEDERAL COURT OF AUSTRALIA
Rubibi Community v State of Western Australia (No 7) [2006] FCA 459
FRANK SEBASTIAN AND OTHERS (SEE SCHEDULE) v STATE OF WESTERN AUSTRALIA AND OTHERS (SEE SCHEDULE)
WAD 6006 of 1998 and WAD 223 OF 2004MERKEL J
28 APRIL 2006BROOM (HEARD IN MELBOURNE AND…
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- Case
- [2006] FCA 459
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CaseChat Overview and Summary
The primary legal issues before the court were whether specific activities within the Yawuru traditional lands had extinguished native title rights under the Native Title Act 1993 (Cth). The court had to assess the extent to which the construction of the railway platform and tracks, as well as other activities, had extinguished native title over certain areas. This involved detailed examination of the evidence presented regarding the nature and extent of the activities, and their impact on the native title rights.
The court's reasoning focused on the specific evidence presented regarding the activities in question. The court found that while some areas had been extinguished by the activities, others had not. Notably, the court was not satisfied that the evidence warranted a finding that the entire area in question had been extinguished. The court concluded that native title was extinguished only in respect of the areas directly affected by the railway platform and tracks, but not the entire area. This decision marked a significant milestone in the long-standing struggle of the Yawuru people to achieve recognition of their native title rights.
The court's final orders reflected the detailed findings on extinguishment. Native title was determined to be extinguished only in the areas directly affected by the construction of the railway platform and tracks, while the remainder of the area in question retained its native title rights. This outcome was a critical step in the resolution of the broader native title claim, bringing closure to a significant chapter in the recognition of indigenous rights in Australia.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: MERKEL J
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