Barnes v Northern Territory of Australia [2011] FCA 879

FEDERAL COURT OF AUSTRALIA

Barnes v Northern Territory of Australia [2011] FCA 879 Citation: Barnes v Northern Territory of Australia [2011] FCA 879

Parties: RODNEY BARNES v NORTHERN TERRITORY OF AUSTRALIA, COMMONWEALTH OF AUSTRALIA, ARCHIE ALLEN, BEAZLEY ANDERSON, GORDON NOONAN, HENRY MORRISON, LUCY O'KEEFE, TONY CUTTER AND TONY WILLY (ON BEHALF OF THE KUTINJA, THE KUNAPA AND MANGIRRIJI, AND THE KUNAKIJI AND THE LUKKURNU GROUPS OF THE WARRAMUNGU, THE KUJULUWA, THE MARRARRABANA AND THE GARRGARRGUWARJA GROUPS OF THE WAMPAYA, THE PURRUKWARA GROUP OF THE WAYAKA, AND THE NGAPA GROUP OF THE WARLMANPA) and AUSTCATTLE HOLDINGS PTY LTD ACN 010 055 384 ARCHIE ALLEN, BEAZLEY ANDERSON, GORDON NOONAN, HENRY MORRISON, LUCY O'KEEFE, TONY CUTTER AND TONY WILLY (ON BEHALF OF THE KUTINJA, THE KUNAPA AND MANGIRRIJI, AND THE KUNAKIJI AND THE LUKKURNU GROUPS OF THE WARRAMUNGU, THE KUJULUWA, THE MARRARRABANA AND THE GARRGARRGUWARJA GROUPS OF THE WAMPAYA, THE PURRUKWARA GROUP OF THE WAYAKA, AND THE NGAPA GROUP OF THE WARLMANPA) v NORTHERN TERRITORY OF AUSTRALIA

File numbers: NTD 18 of 2009 NTD 6001 of 2003

Judge: MANSFIELD J

Date of judgment: 5 August 2011

Catchwords: NATIVE TITLE – whether native title rights and interests are held by a competing claim group, who form a subset of a wider claim group, in respect of a narrow area within the larger claim area of the wider claim group – or whether the native title rights and interests claimed by the smaller claim group are held in conjunction with, and as members of, the wider claim group –application dismissed

Legislation: Native Title Act 1991 (Cth)