Rubibi Community & Anor v The State of Western Australia & Ors [2001] FCA 607

FEDERAL COURT OF AUSTRALIA

Rubibi Community & Anor v The State of Western Australia & Ors [2001] FCA 607 NATIVE TITLE – determination of communal native title under the Native Title Act 1993 (Cth) – claim to exclusive possession, occupation, use and enjoyment of an Aboriginal law ground for ceremonial and ritual purposes – whether the claimant community has substantially maintained its traditional connection with the law ground in accordance with traditional laws and customs – capacity of traditional law and customs that form the foundation of native title to evolve, adapt and change – whether entitlement to exclusive native title rights and interests has been extinguished – whether s 47A of the Act requires that any extinguishment be disregarded – Court's role in resolving intra-communal dispute concerning native title rights and interests

Native Title Act 1993 (Cth) ss 47A, 223(1) and 253

The Queen v Toohey, Ex Parte Meneling Station Proprietary Limited (1982) 158 CLR 327 - cited Mabo v The State of Queensland (No 2) (1992) 175 CLR 1 - cited The Wik Peoples v The State of Queensland (1996) 187 CLR 1 - cited The State of Western Australia v The Commonwealth (1995) 183 CLR 373 - cited Fejo v Northern Territory of Australia (1998) 195 CLR 96 - cited Commonwealth of Australia v Yarmirr (2000) 101 FCR 171 – considered Ward v Western Australia (1998) 159 ALR 483 - cited Western Australia v Ward (2000) 99 FCR 316 - considered Members of the Yorta Yorta Aboriginal Community v State of Victoria [2001] FCA 45 - discussed Yanner v Eaton (1999) 166 ALR 258 - considered Mason v Tritton (1994) 34 NSWLR 572 – cited FELIX EDGAR, FRANK SEBASTIAN, PATRICK DODSON AND JOSEPH "NIPPER" ROE ON BEHALF OF THE RUBIBI COMMUNITY AND ROSIE CHARLIE ON BEHALF OF THE LEREGON (LANGANJUN) CLAN OF THE YAWURU TRIBE v THE STATE OF WESTERN AUSTRALIA AND OTHERS WG 90 AND 91 OF 1998 JUDGE: MERKEL J DATE: 29 MAY 2001 PLACE: BROOME