CG (Deceased) on behalf of the Badimia People v State of Western Australia [2015] FCA 204

The claimants failed to satisfy the necessary elements for the recognition of native title in the claim area, primarily because they did not prove on the balance of probabilities that the claim area was Badimia country at sovereignty, that most apical ancestors were Badimia, nor that the laws and customs under which rights are claimed have continued uninterrupted as 'traditional' laws and customs since sovereignty.

Parties: Claimants: CG (Deceased), John Ashwin, Gloria Fogarty, PG (Deceased), Ollie George, Olive Gibson, IH (Deceased), AL (Deceased), HL (Deceased), RL (Deceased), WL (Deceased), Des Little, Des Thompson, Nancy Wallam, Frank Walsh (Jnr), Frank Walsh (Snr); First Respondent: State of Western Australia; Second Respondent: Commonwealth of Australia; Third Respondents: Shire of Cue, Shire of Menzies, Shire of Mount Magnet; Fourth Respondents: ACVE Holdings Pty Ltd, Bagira Pty Ltd (Wydgee Station), Berkshire Valley Nominees Pty Ltd, Tania Roslyn Chittara (Bimbijy Station), Gregory John Cowley (Oudabunna), Roslyn Doreen Cowley (Oudabunna), William Terrence Cowley (Oudabunna), Crowbar Contractors Pty Ltd, Rebecca Mary Davies (Maranalgo Station), Roger Paul Davies (Maranalgo Station), Edah Pastoral Company Pty Ltd (Edah Station), Gregory Shayne French (Bimbijy Station), Guymon Pty Ltd, Laurence Frederick and Catherine Mary Jensen, Adrian James Morrissey, Peter John Morrissey, Andrew John and Jaqueline Andrea Moses, HE and RG Moses (Hy Brazil Station), Murrum Pastoral Co Pty Ltd, Graeme Lawrence Newton (Pullagaroo Station), Pastoral Exports Pty Ltd (Mouroubra Station), Elizabeth Ann Pilkington (Kirkalocka Station), Geoffrey Brian Pilkington (Kirkalocka Station), Rangeland Red Pty Ltd, CM and GJ Scott (Boodanoo Station), CM, GJ, LV, RW and WJ Scott (Wynyangoo Station), E, W, C and I Scott (Narndee Station), Gregory and Robert Scott (Wondinong Station), Lesley Valma Scott, Paul Alexander and Kellie Anne Starick, Wagga Wagga Station Pty Ltd, John Thomas Wainwright (Nalbarra Station), Karen Joy Wainwright (Nalbarra Station), Westag Holdings Pty Ltd (Windimurra Station), Janet Gaynor Winter (Pullagaroo Station); Fifth Respondent: Australian Wildlife Conservancy; Sixth Respondent: Yamatji Marlpa Aboriginal Corporation; Seventh Respondent: Telstra Corporation Ltd
Jurisdiction: Australia
Judgment Date: 12 March 2015
Procedural Posture: Application for Determination of Native Title / Judgment and Orders After Trial
Outcome: Application dismissed; native title not determined to exist
Legal Topics: Determination of Native Title, Evidence of Connection to Land, Traditional Laws and Customs, Continuity and Extinguishment, Anthropological and Historical Evidence, Extinguishment of Rights, Application of Ss 47, 47 a, 47 B NTA

Native Title Aboriginal and Torres Strait Islander Law Determination of Native Title Evidence of Connection to Land Traditional Laws and Customs Continuity and Extinguishment Anthropological and Historical Evidence Extinguishment of Rights +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 33 Party arguments 2

Parties

CG (Deceased), John Ashwin, Gloria Fogarty, PG (Deceased), Ollie George, Olive Gibson, IH (Deceased), AL (Deceased), HL (Deceased), RL (Deceased), WL (Deceased), Des Little, Des Thompson, Nancy Wallam, Frank Walsh (Jnr), Frank Walsh (Snr)

Claimants

State of Western Australia

First Respondent

Commonwealth of Australia

Second Respondent

Shire of Cue, Shire of Menzies, Shire of Mount Magnet

Third Respondents

ACVE Holdings Pty Ltd, Bagira Pty Ltd (Wydgee Station), Berkshire Valley Nominees Pty Ltd, Tania Roslyn Chittara (Bimbijy Station), Gregory John Cowley (Oudabunna), Roslyn Doreen Cowley (Oudabunna), William Terrence Cowley (Oudabunna), Crowbar Contractors Pty Ltd, Rebecca Mary Davies (Maranalgo Station), Roger Paul Davies (Maranalgo Station), Edah Pastoral Company Pty Ltd (Edah Station), Gregory Shayne French (Bimbijy Station), Guymon Pty Ltd, Laurence Frederick and Catherine Mary Jensen, Adrian James Morrissey, Peter John Morrissey, Andrew John and Jaqueline Andrea Moses, HE and RG Moses (Hy Brazil Station), Murrum Pastoral Co Pty Ltd, Graeme Lawrence Newton (Pullagaroo Station), Pastoral Exports Pty Ltd (Mouroubra Station), Elizabeth Ann Pilkington (Kirkalocka Station), Geoffrey Brian Pilkington (Kirkalocka Station), Rangeland Red Pty Ltd, CM and GJ Scott (Boodanoo Station), CM, GJ, LV, RW and WJ Scott (Wynyangoo Station), E, W, C and I Scott (Narndee Station), Gregory and Robert Scott (Wondinong Station), Lesley Valma Scott, Paul Alexander and Kellie Anne Starick, Wagga Wagga Station Pty Ltd, John Thomas Wainwright (Nalbarra Station), Karen Joy Wainwright (Nalbarra Station), Westag Holdings Pty Ltd (Windimurra Station), Janet Gaynor Winter (Pullagaroo Station)

Fourth Respondents

Australian Wildlife Conservancy

Fifth Respondent

Yamatji Marlpa Aboriginal Corporation

Sixth Respondent

Telstra Corporation Ltd

Seventh Respondent

Procedural Posture

Application for Determination of Native Title / Judgment and Orders After Trial

Legal Issues

1 Whether native title exists in the claim area
2 Whether claimants are descendants of persons holding native title at sovereignty
3 Whether claimed laws and customs are 'traditional' and have been continuously acknowledged and observed since sovereignty

Ratio Decidendi

Court Disposition

Application dismissed; native title not determined to exist

Orders

Court dismissed the application for a determination that native title exists in the claim area.
Court will hear from parties as to the terms of the final orders to be made.