Rubibi Community v Western Australia

The case of Rubibi Community versus Western Australia involves the Rubibi applicants who are seeking to establish native title over certain areas of land. The applicants argue that the current residential use of part of the claim area is contrary to traditional Yawuru law and custom and is being conducted without the permission of the senior Yawuru law men. However, the applicants did not seek to establish a legal right to prevent the continuation of that use or to remove the Leregon structures. The court was required to determine whether these issues should be resolved as part of the process of making the determination of native title or as a separate and subsequent controversy. The court held that it is appropriate to make provision for submissions on these issues, including submissions as to the manner in which the dispute is to be determined.

The court held that the Rubibi applicants have established that native title exists in relation to Reserve 39631. The common or group rights comprising that native title are held by the Rubibi claimant group, who are members of the traditional Yawuru community. The native title held by the claim group includes a range of rights and interests, including the right of occupation, use, possession and enjoyment of the area for ceremonial purposes, the right to make decisions about the use and enjoyment of the area, the right to conduct ceremonies on the area, in accordance with traditional law and customs, and the right to control the access of others to the area. The native title is subject to certain limitations or restrictions, including the exclusion of rights and interests in respect of any areas in relation to which a previous non-exclusive possession act was done in relation to the area.

The court ordered that the parties file and serve the determination of native title that they contend gives effect to these reasons for judgment, together with their submissions concerning the manner in which the native title is to be held as required by ss 55-57 of the Native Title Act 1993 (Cth). The court also ordered that any submissions on the matters which have been directed in these reasons for judgment to be the subject of further submissions be filed and served. The further hearing of this matter was adjourned to not before 2.15 pm on Friday, 1 June 2001.