Colbung v The State of Western Australia [2003] FCA 774

FEDERAL COURT OF AUSTRALIA

Colbung v The State of Western Australia [2003] FCA 774 NATIVE TITLE – application to strike out two overlapping applications on basis of non-compliance with requirements of s 61 of the Native Title Act 1993 (Cth) NATIVE TITLE – persons authorised to make an application for native title determination – application listing members of claimant family – whether family or sub-group of native title claim group NATIVE TITLE – requirement under unamended Native Title Act 1993 (Cth) that all persons claiming to hold native title be identified – ambiguous description – meaning of 'family' and 'other related people' EVIDENCE – evidence of deceased persons Native Title Act 1993 (Cth) ss 61, 64, 84C(1), 251B Evidence Act 1995 (Cth) ss 74, 75 Native Title Tribunal Regulations reg 5(1)(a)

Dieri People v State of South Australia [2003] FCA 187 applied Risk v National Native Title Tribunal [2000] FCA 1589 applied Tilmouth v Northern Territory of Australia [2001] FCA 820 applied Mabo v State of Queensland [1992] 1 Qd R 78 applied Ford v NSW Minister for Land & Water Conservation [2000] FCA 1913 applied Edward Landers v State of South Australia [2003] FCA 264 cited KEN COLBUNG, GLEN COLBUNG, DONALD CORBETT AND OTHERS (SOUTH WEST BOOJARAH), M VAN LEEUWEN ON BEHALF OF THE HARRIS FAMILY, V & C ISAACS, L BELLOTTI AND OTHERS ON BEHALF OF THE NYUNGAR PEOPLE (GNAALA KARLA BOOJA) v THE STATE OF WESTERN AUSTRALIA WAG 6279, 6085, 6258 and part of 6274 of 1998

FINN J 29 JULY 2003 CANBERRA (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6279, 6085, 6258 and part of 6274 of 1998

DISTRICT REGISTRY

BETWEEN: KEN COLBUNG, GLEN COLBUNG, DONALD CORBETT AND OTHERS (SOUTH WEST BOOJARAH)

FIRST APPLICANTS

M VAN LEEUWEN ON BEHALF OF THE HARRIS FAMILY