Manado (on behalf of the Bindunbur Native Title Claim Group) v State of Western Australia [2017] FCA 1367

Manado (on behalf of the Bindunbur Native Title Claim Group) v State of Western Australia [2017] FCA 1367

Under traditional laws and customs applicable to the application areas, rights and interests in land, subject to limited exceptions for child adoption and succession, may only be acquired by descent from an ancestor with connection going back to time immemorial; succession applies only if the local group is extinct and only to kin or neighbouring groups. There is no proprietary acquisition of rights via custodianship, rayi connection, or mere possession of ritual/mythical knowledge. The Goolarabooloo claimants do not satisfy the requirements for descent or succession and thus do not hold native title in the claimed areas. Native title determinations should identify landholding groups by...

Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Application for Determination of Native Title / Judgment After Final Hearing
Outcome
Determination of native title in favour of Bindunbur and Jabirr Jabirr groups (as defined), Goolarabooloo applicants' claims dismissed; further orders for parties to file applications, proposed orders, and draft determinations reflecting the reasons, with unresolved matters reserved for agreement or further Court...
Legal Topics
['determination of Native Title' 'traditional Laws and Customs' 'succession in Native Title' 'extinguishment' 'public Access' 'competing Claim Groups' 'status Based Rights Vs Descent Rights' 'landholding Groups Identification' 'statutory and Other Interests']
['native Title Law'] ['determination of Native Title' 'traditional Laws and Customs' 'succession in Native Title' 'extinguishment' 'public Access' 'competing Claim Groups' 'status Based Rights Vs Descent Rights' 'landholding Groups Identification' 'statutory and Other Interests']

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Procedural Posture

Application for Determination of Native Title / Judgment After Final Hearing

Legal Issues

  1. 1 ['Whether Goolarabooloo acquired native title rights and interests by descent, succession, custodianship, rayi connection or ritual/mythical knowledge' 'Whether rights and interests in land under traditional laws and customs are acquired only by descent to time immemorial or can be acquired via custodianship or through other means' 'Effect of evidence on group connection to certain areas e.g. Lacepede Islands' 'Should landholding groups be identified by language group' 'What interests extinguish native title in application areas']

Ratio Decidendi

Under traditional laws and customs applicable to the application areas, rights and interests in land, subject to limited exceptions for child adoption and succession, may only be acquired by descent from an ancestor with connection going back to time immemorial; succession applies only if the local group is extinct and only to kin or neighbouring groups. There is no proprietary acquisition of rights via custodianship, rayi connection, or mere possession of ritual/mythical knowledge. The Goolarabooloo claimants do not satisfy the requirements for descent or succession and thus do not hold native title in the claimed areas. Native title determinations should identify landholding groups by...

Court Disposition

Determination of native title in favour of Bindunbur and Jabirr Jabirr groups (as defined), Goolarabooloo applicants' claims dismissed; further orders for parties to file applications, proposed orders, and draft determinations reflecting the reasons, with unresolved matters reserved for agreement or further Court...

Orders

  • ['By 1 February 2018 (or as otherwise ordered), parties to file any applications to resolve specified matters not agreed between them.' 'Subject to above, parties to file proposed orders and draft determination reflecting these reasons on a date to be fixed.']