Rubibi v The State of Western Australia [2002] FCA 876

FEDERAL COURT OF AUSTRALIA

Rubibi v The State of Western Australia [2002] FCA 876 NATIVE TITLE – application for determination of native title – joinder of native title claimants as respondents - whether persons claiming different native title rights and interests to those claimed by the applicants are persons whose interests may be affected by a determination in the proceedings and should be joined as respondents - whether Court has jurisdiction to make a determination of native title in favour of the joined respondents in the absence of an application by them for a determination of native title made in accordance with the Native Title Act 1993 (Cth)

Native Title Act 1993 (Cth) ss 13, 84(5), 61, 66B and 225

Rubibi Community v Western Australia (2001) 112 FCR 409 – cited Rubibi Community v State of Western Australia [2001] FCA 1553 - cited Yarmirr v Northern Territory (Unreported, Federal Court of Australia, Olney J, 4 April 1997) - distinguished Western Australia v Ward (2000) 99 FCR 316 - applied Munn v State of Queensland [2002] FCA 486 - cited Britten v State of Western Australia [No 2] [2002] FCA 163 - cited FRANK SEBASTIAN AND OTHERS ON BEHALF OF THE RUBIBI COMMUNITY AND ROSIE CHARLIE ON BEHALF OF THE LANGANDJANO MOB v THE STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6006 AND 6238 OF 1998 JUDGE: MERKEL J DATE: 11 JULY 2002 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6006 AND 6238 OF 1998

BETWEEN: FRANK SEBASTIAN AND OTHERS ON BEHALF OF THE RUBIBI COMMUNITY

FIRST APPLICANTS

ROSIE CHARLIE ON BEHALF OF THE LANGANDJANO MOB

SECOND APPLICANTS

AND: THE STATE OF WESTERN AUSTRALIA AND OTHERS

RESPONDENTS JUDGE: MERKEL J

DATE OF ORDER: 11 JULY 2002

WHERE MADE: MELBOURNE