Rubibi Community v State of Western Australia [2004] FCA 964

FEDERAL COURT OF AUSTRALIA

Rubibi Community v State of Western Australia [2004] FCA 964 NATIVE TITLE – determination of native title – prescribed body corporate – whether body corporate nominated by a representative of the common law holders – whether requirements of the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) satisfied – whether body corporate has given written consent to nomination – whether nomination of body corporate occurred within specified period

Native Title Act 1993 (Cth) ss 55, 56, 59 Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) reg 4

Ngalpil v State of Western Australia [2003] FCA 1098 – cited FELIX EDGAR, FRANK SEBASTIAN, FRANCIS DJIAGWEEN, 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 MERKEL J 23 JULY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY WG90 & 91 OF 1998

BETWEEN: FELIX EDGAR, FRANK SEBASTIAN, FRANCIS DJIAGWEEN, PATRICK DODSON AND JOSEPH "NIPPER" ROE ON BEHALF OF THE RUBIBI COMMUNITY

FIRST APPLICANT

ROSIE CHARLIE ON BEHALF OF THE LEREGON (LANGANJUN) CLAN OF THE YAWURU TRIBE

SECOND APPLICANT

AND: THE STATE OF WESTERN AUSTRALIA AND OTHERS

RESPONDENT

JUDGE: MERKEL J

DATE OF ORDER: 23 JULY 2004

WHERE MADE: MELBOURNE

THE COURT DETERMINES THAT pursuant to ss 55 and 56 of the Native Title Act 1993 (Cth) the Kunin (Native Title) Aboriginal Corporation is to hold the rights and interests from time to time comprising the native title the subject of the Determination of the Court made on 7 November 2001 in trust for the common law holders identified in that Determination.