Tilmouth v Northern Territory of Australia [2001] FCA 820

FEDERAL COURT OF AUSTRALIA

Tilmouth v Northern Territory of Australia [2001] FCA 820

NATIVE TITLE – Communal nature of Native Title - Application for summary dismissal – subgroup of larger native title claimant seeking to claim native title over land the subject of a claim by the larger group – subgroup's claim not authorized by larger group – communal nature of native title prevents sub-group prosecuting their claim for nativc title

WORDS AND PHRASES – "communal" "community"

Native Title Act 1993 (Cth) ss 61(1), 85A(1)

Risk v National Native Title Tribunal [2000] FCA 1589 cited

Quall v Risk [2001] FCA 378 cited

Mabo v Queensland (No 2) (1992) 175 CLR 1 followed

Western Australia v Ward (2000) 170 ALR 59 followed

AUDREY TILMOUTH (ROMAN) ON BEHALF OF THE LARRAKIA AND YIRRA BANDOO PEOPLE AND OTHERS v NORTHERN TERRITORY OF AUSTRALIA AND ANOTHER D6025 OF 2001 O'LOUGHLIN J ADELAIDE 12 APRIL 2001

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY D 6025 OF 2001

BETWEEN: AUDREY TILMOUTH (ROMAN) ON BEHALF OF THE LARRAKIA AND YIRRA BANDOO PEOPLE AND OTHERS

APPLICANT

AND: NORTHERN TERRITORY OF AUSTRALIA

FIRST RESPONDENT

WILLIAM MAXWELL RISK ON BEHALF OF THE LARRAKIA PEOPLE

SECOND RESPONDENT JUDGE: O'LOUGHLIN J

DATE OF ORDER: 12 APRIL 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application for a determination of native title action number D6025 of 2001 be dismissed. 2. Each party to this proceeding bear their own costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY D 6025 OF 2001

BETWEEN: AUDREY TILMOUTH (ROMAN) ON BEHALF OF THE LARRAKIA AND YIRRA BANDOO PEOPLE AND OTHERS