Rubibi Community v State of Western Australia (No 5) [2005] FCA 1025

FEDERAL COURT OF AUSTRALIA

Rubibi Community (No 5) v State of Western Australia [2005] FCA 1025

NATIVE TITLE – competing claims for communal and group native title rights and interests – whether native title rights and interests in the respective claim areas are possessed by members of the claimant community or by members of the competing claimant group who comprise one of the clans which forms part of the claimant community

Native Title Act 1993 (Cth) ss 223, 225 and 253

Rubibi Community v State of Western Australia (No 3) (2002) 120 FCR 512 - cited De Rose v State of South Australia (No 2) [2005] FCAFC 110 - applied Members of the Yorta Yorta Aboriginal Community v State of Victoria [2002] 214 CLR 422 - applied De Rose v State of South Australia (2003) 133 FCR 325 - applied Gumana v Northern Territory of Australia [2005] FCA 50 - cited Rubibi Community v Western Australia (2001) 112 FCR 409 - cited Sampi v State of Western Australia [2005] FCA 777 - cited State of Western Australia v Ward (2002) 213 CLR 1 - applied

WEH Stanner, 'The Yirrkala Case : Some General Principles of Aboriginal Land-Holding', paper prepared for the purposes of the land claim in Milirrpum v Nabalco Pty Ltd (1971) 171 FLR 141 and presented at the AIATSIS Seminar, February 1969 A Rumsey, 'Language and Territoriality in Aboriginal Australia', Language and Culture in Aboriginal Australia (M Walsh and C Yallop eds), Aboriginal Studies Press, Canberra, 1993 FRANK SEBASTIAN AND OTHERS (SEE SCHEDULE) v STATE OF WESTERN AUSTRALIA AND OTHERS (SEE SCHEDULE) WAG 6006 and 6238 of 1998 MERKEL J 29 JULY 2005 MELBOURNE (HEARD IN BROOME)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6006 and 6238 of 1998

BETWEEN: FRANK SEBASTIAN AND OTHERS

(See Schedule)

APPLICANTS

AND: STATE OF WESTERN AUSTRALIA AND OTHERS