Dale v Moses [2007] FCAFC 82

FEDERAL COURT OF AUSTRALIA

Dale v Moses [2007] FCAFC 82 NATIVE TITLE – appeal from native title determination of single judge - where primary judge dismissed appellants' claim to native title in the determination area but found another native title claim group, the Ngarluma people and Yindjibarndi people, held non-exclusive native title – where appellants' claim dismissed on basis that they were not a group with continuing connection and were not differentiated from Ngarluma people and Yindjibarndi people NATIVE TITLE – transmission of native title rights and interests – where appellants' case at trial regarding area known as "the Burrup" based on alleged transmission of native title rights and interests from two Aboriginal persons said to be sole surviving members of group which originally inhabited the Burrup – where primary judge found no transmission in fact and also that appellants had not maintained connection after alleged transmission - whether Members of the Yorta Yorta Aboriginal Community v Victoria (2003) 214 CLR 422 precluded inter-societal transfer of native title rights and interests – whether judicial notice could be taken of existence of traditional law or custom by which transmission could occur Members of the Yorta Yorta Aboriginal Community v Victoria (2003) 214 CLR 422, discussed BETTY DALE AND OTHERS (ON BEHALF OF THE WONG-GOO-TT-OO PEOPLE) v DAISY MOSES AND OTHERS (ON BEHALF OF THE NGARLUMA PEOPLE) AND BRUCE MONADEE AND OTHERS (ON BEHALF OF THE YINDJIBARNDI PEOPLE) AND OTHERS WAD 120 OF 2005

MOORE, NORTH & MANSFIELD JJ

7 JUNE 2007 SYDNEY (VIA VIDEO LINK TO PERTH) IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY WAD 120 OF 2005

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: BETTY DALE AND OTHERS (ON BEHALF OF THE WONG-GOO-TT-OO PEOPLE)