Manado (on behalf of the Bindunbur Native Title Claim Group) v State of Western Australia [2018] FCA 854

Manado (on behalf of the Bindunbur Native Title Claim Group) v State of Western Australia [2018] FCA 854

The applicants, being Jabirr Jabirr, Ngumbarl, Nyul Nyul, Nimanburr and Bindunbur people, demonstrated sufficient connection to land in the determination area under traditional laws and customs, entitling them to determinations of native title except for areas where native title has been extinguished or does not exist. By contrast, the Goolarabooloo people did not establish recognised native title rights under the Native Title Act.

Jurisdiction
Australia
Judgment Date
02 May 2018
Procedural Posture
Native Title Determinations / Final Judgment and Orders
Outcome
Native title determined for Bindunbur, Jabirr Jabirr/Ngumbarl, Nyul Nyul and Nimanburr people; Goolarabooloo claim dismissed.
Legal Topics
['determination of Native Title' 'extinguishment' 'recognition of Traditional Laws and Customs' 'public and Private Interests in Land' 'coexistence and Inconsistency of Rights' 'prescribed Bodies Corporate' 'native Title Act Operation']
['native Title'] ['determination of Native Title' 'extinguishment' 'recognition of Traditional Laws and Customs' 'public and Private Interests in Land' 'coexistence and Inconsistency of Rights' 'prescribed Bodies Corporate' 'native Title Act Operation']

Case Brief

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Procedural Posture

Native Title Determinations / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether native title exists in the determination areas' 'The identification of native title holders' 'The nature and extent of native title rights and interests' 'Coexistence and inconsistency with other interests' 'Requirements for prescribed body corporate to hold or manage native title' 'Whether Goolarabooloo people have native title rights']

Ratio Decidendi

The applicants, being Jabirr Jabirr, Ngumbarl, Nyul Nyul, Nimanburr and Bindunbur people, demonstrated sufficient connection to land in the determination area under traditional laws and customs, entitling them to determinations of native title except for areas where native title has been extinguished or does not exist. By contrast, the Goolarabooloo people did not establish recognised native title rights under the Native Title Act.

Court Disposition

Native title determined for Bindunbur, Jabirr Jabirr/Ngumbarl, Nyul Nyul and Nimanburr people; Goolarabooloo claim dismissed.

Orders

  • ['There be a determination of native title in the attached forms for Bindunbur and Jabirr Jabirr/Ngumbarl areas.' 'Dismissal of Goolarabooloo proceeding (WAD374/2013).' 'Within 12 months, nomination of a prescribed body corporate to manage native title rights and interests; if not, listing for further directions.'...