Murray on behalf of the Yilka Native Title Claimants v State of Western Australia (No 6) [2017] FCA 703

FEDERAL COURT OF AUSTRALIA

Murray on behalf of the Yilka Native Title Claimants v State of Western Australia (No 6) [2017] FCA 703 File number(s): WAD 297 of 2008 WAD 498 of 2011 WAD 303 of 2013

Judge(s): MCKERRACHER J

Date of judgment: 22 June 2017

Catchwords: NATIVE TITLE – Native Title Act 1993 (Cth) – prescribed bodies corporate – where native title rights and interests are recognised in two native title holding groups in respect of one determination area – where the bases upon which the members of the two claim groups hold native title are indistinguishable – where the evidence led by either applicant would have been sufficient to establish the existence of native title - whether each native title holding group should have their native title held by a separate prescribed body corporate – whether there should be one determination or two Held: on the facts in this case there should be one determination and one prescribed body corporate

Legislation: Native Title Act 1993 (Cth) ss 13(1)(a), 56(2), 56(2)(b), 56(3), 57(1), 57(2), 60A(1)(a), 61(1), 62, 62(1), 61(2), 61(5)(a), 61(5)(b), 61(5)(c), 81, 87, 94A, 213(1), 225, 225(a)

Cases cited: Budby on behalf of the Barada Barna People v State of Queensland (No 6) [2016] FCA 1267 Bennell v Western Australia (2006) 153 FCR 120 Budby on behalf of the Barada Barna People v State of Queensland (No 7) [2016] FCA 1271 CG (deceased) on behalf of the Badimia People v Western Australia (2016) 240 FCR 466 Commonwealth v Clifton (2007) 164 FCR 355 Daniel v Western Australia [2003] FCA 666 De Rose v South Australia (No 2) (2005) 145 FCR 290 Graham on behalf of the Ngadju People v State of Western Australia [2014] FCA 516 Griffiths v Northern Territory (2006) 165 FCR 300 Gumana v Northern Territory (2005) 141 FCR 457 Harrington-Smith on behalf of the Wongatha v State of Western Australia (No 9) [2007] FCA 31 Lake Torrens Overlap Proceedings (No 3) [2016] FCA 899 Lovett on behalf of the Gunditjmara v State of Victoria (No 5) [2011] FCA 932 Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422 Moses v Western Australia (2007) 160 FCR 148 Murray on behalf of the Yilka Native Title Claimants v State of Western Australia (No 5) [2016] FCA 752 Narrier v State of Western Australia [2016] FCA 1519 Northern Territory v Alyawarr, Kaytetye, Warumungu, Wakaya Native Title Claim Group (2005) 145 FCR 422 Pegler on behalf of the Widi People of the Nebo Estate # 2 v State of Queensland (No 3) [2016] FCA 1272