Rubibi v The State of Western Australia [2002] FCA 876

Rubibi v The State of Western Australia [2002] FCA 876

The Walman Yawuru claimants, having alleged competing native title interests in the claim area and being persons whose interests may be affected, should be joined as respondents under s 84(5) of the Native Title Act 1993 (Cth). The absence of a formal application under s 61 does not preclude such joinder, and the...

Source-derived case information.

Parties
First Applicants: Frank Sebastian and others on behalf of the Rubibi Community; Second Applicants: Rosie Charlie on behalf of the Langandjano Mob; Respondents: The State of Western Australia and others; Joined Respondents: Margaret Mary Robinson, Edward Leonard Roe and Peter Matsumoto (Walman Yawuru claimants); Respondent: Commonwealth of Australia; Respondent: WAFIC; Respondent: Telstra
Jurisdiction
Australia
Judgment Date
11 July 2002
Procedural Posture
Native Title Determination Application / Interlocutory: Joinder of Parties
Outcome
Joinder granted
Legal Topics
Joinder of Claimants, Determination of Native Title, Overlapping Native Title Claims, Federal Jurisdiction Under Native Title Act 1993 (cth)
Native Title Law Joinder of Claimants Determination of Native Title Overlapping Native Title Claims Federal Jurisdiction Under Native Title Act 1993 (cth)

Source-derived case record

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 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Frank Sebastian and others on behalf of the Rubibi Community

First Applicants

Rosie Charlie on behalf of the Langandjano Mob

Second Applicants

The State of Western Australia and others

Respondents

Margaret Mary Robinson, Edward Leonard Roe and Peter Matsumoto (Walman Yawuru claimants)

Joined Respondents

Commonwealth of Australia

Respondent

WAFIC

Respondent

Telstra

Respondent

Procedural Posture

Native Title Determination Application / Interlocutory: Joinder of Parties

Legal Issues

  1. 1 Whether Walman Yawuru claimants should be joined as respondents under s 84(5) of the Native Title Act 1993 (Cth)
  2. 2 Whether Court has jurisdiction to determine native title in favour of joined respondents who have not filed a formal application under s 61 of the Native Title Act 1993 (Cth)

Ratio Decidendi

The Walman Yawuru claimants, having alleged competing native title interests in the claim area and being persons whose interests may be affected, should be joined as respondents under s 84(5) of the Native Title Act 1993 (Cth). The absence of a formal application under s 61 does not preclude such joinder, and the Court has jurisdiction to determine disputes between claimant groups, at least to the extent necessary to resolve all controversies arising from the applications before the Court.

Court Disposition

Joinder granted

Orders

  • Margaret Mary Robinson, Edward Leonard Roe and Peter Matsumoto be joined as respondents in the proceedings.
  • If the joined respondents wish to dispute facts in the points of claim, they are to file and serve a Points of Response by 1 August 2002 identifying any disputed facts, additional facts/contentions, and further or alternative orders sought.