Worimi (aka Gary Dates) v Worimi Local Aboriginal Land Council [2010] FCAFC 3

FEDERAL COURT OF AUSTRALIA

Worimi (aka Gary Dates) v Worimi Local Aboriginal Land Council [2010] FCAFC 3 Citation: Worimi (aka Gary Dates) v Worimi Local Aboriginal Land Council [2010] FCAFC 3

Appeal from: Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales (No 2) [2008] FCA 1929

Parties: WORIMI (AKA GARY DATES) v WORIMI LOCAL ABORIGINAL LAND COUNCIL and MINISTER FOR LANDS FOR STATE OF NEW SOUTH WALES

File number(s): NSD 77 of 2009

Judges: MOORE, MANSFIELD & PERRAM JJ

Date of judgment: 2 February 2010

Catchwords: NATIVE TITLE – appeal from non-claimant application under Native Title Act 1993 (Cth) for determination that no native title exists over land – where appellant asserted that he and others had native title rights and interests in land – no necessary requirement upon applicant to prove nature and content of pre-sovereignty native title rights and interests and to prove how those native title rights and interests ceased to exist – matter to be considered in circumstances of each particular application – discussion of type of evidence that may prove that no native title rights exist in relation to land at time of application – consideration of adequacy of evidence – determination of no native title of the land correct – appeal dismissed EVIDENCE – non-claimant application under Native Title Act 1993 (Cth) – appellant (respondent to application) asserted that he and others had native title rights and interests in the land – discussion of circumstances to which it is desirable for appellant to give evidence although onus of proof of non-existence of native title rights lay on applicant