Walalakoo Aboriginal Corporation RNTBC v State of Western Australia [2023] FCA 1181

Walalakoo Aboriginal Corporation RNTBC v State of Western Australia [2023] FCA 1181

It was in the interests of justice to include the additional apical ancestors and replace the name of the unnamed mother of Fulgentius Fraser with 'Brumby' Waddadal in the native title determinations, because these persons and their descendants hold traditional rights and interests under Nyikina Mangala law and...

Source-derived case information.

Parties
Applicant: Walalakoo Aboriginal Corporation RNTBC; Respondent: State of Western Australia
Jurisdiction
Australia
Judgment Date
05 October 2023
Procedural Posture
Native Title Variation Application / Judgment (orders Made on the Papers)
Outcome
Application granted; orders made varying the native title determinations as sought.
Legal Topics
Variation of Native Title Determinations, Native Title Act 1993 (cth) Application, Consent Orders, Recognition of Apical Ancestors, Consultation and Consent Process
Native Title Variation of Native Title Determinations Native Title Act 1993 (cth) Application Consent Orders Recognition of Apical Ancestors Consultation and Consent Process

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Parties

Walalakoo Aboriginal Corporation RNTBC

Applicant

State of Western Australia

Respondent

Procedural Posture

Native Title Variation Application / Judgment (orders Made on the Papers)

Legal Issues

  1. 1 Whether the application for variation of native title determinations has been validly made under the Native Title Act 1993 (Cth)
  2. 2 Whether the requirements of s 13(5) of the Act have been satisfied for a variation
  3. 3 Whether it is necessary for the requirements of s 87 of the Act to be met and if so whether those requirements have been satisfied

Ratio Decidendi

It was in the interests of justice to include the additional apical ancestors and replace the name of the unnamed mother of Fulgentius Fraser with 'Brumby' Waddadal in the native title determinations, because these persons and their descendants hold traditional rights and interests under Nyikina Mangala law and custom, and their non-recognition led to legal and social disadvantages. The application was validly made with proper consultation and consent, and the requirements of the Native Title Act 1993 (Cth) ss 13(5), 87, the regulations, and procedural fairness were satisfied. Orders for varying the determinations were thus made by consent.

Court Disposition

Application granted; orders made varying the native title determinations as sought.

Orders

  • The native title determination in Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 6) [2014] FCA 545 is varied to replace 'unnamed mother of Fulgentius Fraser' with ''Brumby' Waddadal' and to include Bulu; Rimarrangudu aka Johnny Biletming; Kudij and Marrangkal; Joe Nangan as...
  • The native title determination in Watson on behalf of the Nyikina Mangala People (Nyikina Mangala #2) v State of Western Australia [2015] FCA 1132 is similarly varied.