Sampi v State of Western Australia (No 2) [2005] FCA 1567

FEDERAL COURT OF AUSTRALIA

Sampi v State of Western Australia (No 2) [2005] FCA 1567 NATIVE TITLE – determination of native title rights and interests – application for joinder of additional respondents post-hearing and judgment – application for separate and additional determination post-hearing – proposed terms of draft determination – definition of Determination Area – offshore areas – intertidal zone – areas beyond intertidal zone – definition of native title rights and interests – definition of other interests Native Title Act 1993 (Cth)

Sampi v State of Western Australia [2005] FCA 777 cited De Rose v State of South Australia (No 2) [2005] FACFC 110 cited Johnson on behalf of the Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2003] FCA 981 cited Northern Territory v Alyawarr, Kaytetye, Warumungu, Wakaya Native Title Claim Group [2005] FCAFC 135 cited Yorta Yorta v Victoria (2002) 214 CLR 422 cited Neowarra v Western Australia [2004] FCA 1092 Mervyn and Others on behalf of the Peoples of the Ngaanyatjarra Lands v Western Australia [2005] FCA 831 cited Yarmirr v Northern Territory (1998) 156 ALR 370 cited Nangkiriny v Western Australia [2002] FCA 660 and [2004] FCA 1156 cited Daniel v Western Australia [2005] FCA 536 cited James on behalf of the Martu People v State of Western Australia [2002] FCA 1208 PAUL SAMPI AND OTHERS ON BEHALF OF THE BARDI AND JAWI PEOPLE v THE STATE OF WESTERN AUSTRALIA WAD 49 OF 1998 FRENCH J 4 NOVEMBER 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 49 OF 1998

BETWEEN: PAUL SAMPI AND OTHERS ON BEHALF OF THE BARDI AND JAWI PEOPLE

APPLICANTS

AND: STATE OF WESTERN AUSTRALIA AND OTHERS

RESPONDENTS

JUDGE: FRENCH J