Nulyarimma v Thompson [1999] FCA 1192

FEDERAL COURT OF AUSTRALIA Nulyarimma v Thompson [1999] FCA 1192 CRIMINAL LAW – International crime of genocide – Meaning of genocide – Intentional element – Prohibition of genocide as a norm of international customary law – No legislation providing for prosecution of genocide claims in Australian courts – Whether genocide is cognisable in Australian courts in the absence of legislation. ABORIGINES – Claims that sponsorship of Native Title Act amendments and failure to seek World Heritage Listing of Lake Eyre region were acts of genocide – Impropriety of courts inquiring into actions of Parliament – Obligations arising under World Heritage Convention.

A5 of 1999

WADJULARBINNA NULYARIMMA, ISOBEL COE, BILLY CRAIGIE and ROBBIE THORPE v PHILLIP R THOMPSON

S23 of 1999

KEVIN BUZZACOTT v ROBERT MURRAY HILL, MINISTER FOR THE ENVIRONMENT, ALEXANDER JOHN GOSSE DOWNER, MINISTER FOR FOREIGN AFFAIRS AND TRADE and COMMONWEALTH OF AUSTRALIA

WILCOX, WHITLAM and MERKEL JJ SYDNEY (HEARD IN CANBERRA) 1 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A5 of 1999

DISTRICT REGISTRY

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: WADJULARBINNA NULYARIMMA, ISOBEL COE, BILLY CRAIGIE and ROBBIE THORPE

Appellants

AND: PHILLIP R THOMPSON

Respondent

JUDGES: WILCOX, WHITLAM and MERKEL JJ

DATE OF ORDER: 1 SEPTEMBER 1999

WHERE MADE: SYDNEY (HEARD IN CANBERRA)

THE COURT ORDERS THAT: 1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIAN CAPITAL TERRITORY S23 of 1999

DISTRICT REGISTRY

BETWEEN: KEVIN BUZZACOTT

Applicant

AND: ROBERT MURRAY HILL, MINISTER FOR THE ENVIRONMENT

First Respondent