Rubibi Community v State of Western Australia [2004] FCA 1019

FEDERAL COURT OF AUSTRALIA

Rubibi Community v State of Western Australia [2004] FCA 1019

NATIVE TITLE – whether the non-extinguishment principle in ss 47, 47A and 47B is to be applied on the basis of facts in existence at the date at which an application for native title is filed in the Federal Court or at the date at which such an application is the subject of a determination by the Court

Native Title Act 1993 (Cth) ss 13, 47, 47A, 47B, 61, 61A, 62, 64, 223 and 225

Strickland (on behalf of the Maduwongga People) v Native Title Registrar (1999) 168 ALR 242 – cited Harrington-Smith (on behalf of the Wongatha People) v Western Australia (No 5) (2003) 197 ALR 138 - cited Ross v The Queen (1979) 141 CLR 432 – cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 - applied Ward (on behalf of the Miriuwung Gajerrong People) v State of Western Australia (1998) 159 ALR 483 – cited State of Queensland v Hutchison (2001) 108 FCR 575 – cited Andrew Passi on behalf of the Meriam People v State of Queensland [2001] FCA 697 – cited In the matter of Daniel v State of Western Australia [2003] FCA 666 – cited Neowarra v State of Western Australia [2003] FCA 1402 – cited The Alyawarr, Kaytetye, Warumungu, Wakay Native Title Claim Group v Northern Territory of Australia [2004] FCA 472 - cited Western Australia v Strickland (2000) 99 FCR 33 - cited FRANK SEBASTIAN AND OTHERS ON BEHALF OF THE RUBIBI COMMUNITY v STATE OF WESTERN AUSTRALIA AND OTHERS WAG 6006 OF 1998 MERKEL J 6 AUGUST 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6006 OF 1998

BETWEEN: FRANK SEBASTIAN AND OTHERS on behalf of the

RUBIBI COMMUNITY

APPLICANTS

AND: STATE OF WESTERN AUSTRALIA AND OTHERS

RESPONDENTS