James on behalf of the Martu People v State of Western Australia (No 2) [2003] FCA 731

James on behalf of the Martu People v State of Western Australia (No 2) [2003] FCA 731

The Corporation was incorporated under the Aboriginal Councils and Associations Act 1976 (Cth) after the relevant commencement date and for the purpose of being the subject of a determination under s 56 or s 57 of the Native Title Act 1993 (Cth); its objects included being a registered native title body corporate; and its membership rules confined membership to the Martu and Ngurrara native title holder classes identified in the determination. The omission of express reference to the jila-kalpuaratu rainmaking ritual complex did not prevent compliance because that element was necessarily included in the traditional laws and customs referred to in the membership clause. The requirements of...

Jurisdiction
Australia
Judgment Date
17 July 2003
Procedural Posture
Native Title Determination Concerning Nomination of a Prescribed Body Corporate / Reasons for Judgment on Nomination of Prescribed Body Corporate Following a Consent Determination of Native Title
Outcome
Determination made that Western Desert Lands Aboriginal Corporation (Jamukurnu-Yapalikunu) is to hold the native title rights and interests in trust for the common law holders identified in the 27 September 2002 determination.
Legal Topics
['prescribed Body Corporate' 'native Title Held in Trust' 'native Title Act 1993 (cth) Ss 55 and 56' 'native Title (prescribed Bodies Corporate) Regulations 1999 Reg 4' 'membership Requirements for Prescribed Bodies Corporate']
['native Title' 'aboriginal and Torres Strait Islander Peoples'] ['prescribed Body Corporate' 'native Title Held in Trust' 'native Title Act 1993 (cth) Ss 55 and 56' 'native Title (prescribed Bodies Corporate) Regulations 1999 Reg 4' 'membership Requirements for Prescribed Bodies Corporate']

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Procedural Posture

Native Title Determination Concerning Nomination of a Prescribed Body Corporate / Reasons for Judgment on Nomination of Prescribed Body Corporate Following a Consent Determination of Native Title

Legal Issues

  1. 1 ['Whether Western Desert Lands Aboriginal Corporation (Jamukurnu-Yapalikunu) was a prescribed body corporate that could hold the native title rights and interests in trust for the common law holders under s 56 of the Native Title Act 1993 (Cth).' "Whether the Corporation's incorporation, objects and membership rules satisfied reg 4 of the Native Title (Prescribed Bodies Corporate) Regulations 1999." 'Whether the nomination and written consent requirements of s 56(2) of the Native Title Act 1993 (Cth) were satisfied.']

Ratio Decidendi

The Corporation was incorporated under the Aboriginal Councils and Associations Act 1976 (Cth) after the relevant commencement date and for the purpose of being the subject of a determination under s 56 or s 57 of the Native Title Act 1993 (Cth); its objects included being a registered native title body corporate; and its membership rules confined membership to the Martu and Ngurrara native title holder classes identified in the determination. The omission of express reference to the jila-kalpuaratu rainmaking ritual complex did not prevent compliance because that element was necessarily included in the traditional laws and customs referred to in the membership clause. The requirements of...

Court Disposition

Determination made that Western Desert Lands Aboriginal Corporation (Jamukurnu-Yapalikunu) is to hold the native title rights and interests in trust for the common law holders identified in the 27 September 2002 determination.

Orders

  • ['Pursuant to ss 55 and 56 of the Native Title Act 1993 (Cth) the Court determines that the Western Desert Lands Aboriginal Corporation (Jamukurnu-Yapalikunu) is to hold the rights and interests from time to time comprising the native title the subject of the Determination made on 27 September 2002 in trust for the...