Willis on behalf of the Pilki People v State of Western Australia

Willis on behalf of the Pilki People commenced proceedings against the State of Western Australia to determine native title over a specified area in the Western Desert. The Pilki People sought recognition of their traditional rights to access and utilise the resources within their land. The case was heard alongside similar applications by the Birriliburu People, though each application had distinct evidence. The court had to determine if the Pilki People had traditional rights to access and exploit resources within their claimed area, and if these rights existed under traditional laws and customs, regardless of whether such activities were currently being practised.

The central legal issue was whether the Pilki People had the traditional right to access and take resources for any purpose, including commercial purposes, within their native title area. This question hinged on whether the evidence demonstrated that such rights existed under traditional laws and customs. The court had to assess the testimonies of the applicants and expert evidence to determine the existence and nature of these traditional rights.

In considering the evidence presented by the applicants and Dr Cane, the court found that there was clear evidence of traditional laws and customs that granted the Pilki People the right to access and take resources for any purpose, including commercial purposes. The court rejected the State's argument that such a right could only be established through evidence of current practices, emphasising that the existence of the right under traditional laws and customs was sufficient. The evidence established that the Pilki People had a defined right to access and utilise the resources of their land, which included the right to engage in commercial activities.

The court concluded that the Pilki People held a native title right to access and take resources for any purpose within the determination area. This right was recognised under the traditional laws and customs of the Pilki People. The parties were directed to finalise the terms of the determination in accordance with the court's reasons.