Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dhu v Karlka Nyiyaparli Aboriginal Corporation RNTBC (No 2) [2021] FCA 1496 File number: WAD 95 of 2020
Judgment of: MORTIMER J
Date of judgment: 29 November 2021
Catchwords: NATIVE TITLE – application for declaratory relief that the applicants are Nyiyaparli People as that term is defined in Stock on behalf of the Nyiyaparli People v State of Western Australia (No 5) [2018] FCA 1453 – order sought requiring the Respondent to add the details of the applicants to the Register of Nyiyaparli People – where the applicants' apical ancestor found not to be a Banjima person by decision of the Court – where the applicants' apical ancestor included in the Nyiyaparli determination – where Nyiyaparli common law native title holders voted not to recognise the applicants as Nyiyaparli People – some declaratory relief granted – specific relief sought by the applicants not granted.
Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Judiciary Act 1903 (Cth) Native Title Act 1993 (Cth)
Cases cited: Aplin on behalf of the Waanyi Peoples v State of Queensland [2010] FCA 625 Attorney-General (Cth) v Breckler [1999] HCA 28; 197 CLR 83 Badimia People v State of Western Australia [2016] FCAFC 67; 240 FCR 466 Banjima People v State of Western Australia (No 2) [2013] FCA 868; 305 ALR 1 Banjima People v State of Western Australia (No 3) [2014] FCA 201 Blatch v Archer (1774) 98 ER 969 Commonwealth v Clifton [2007] FCAFC 190; 164 FCR 355 Fortescue Metals Group v Warrie [2019] FCAFC 177; 273 FCR 350 Helmbright v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 647 Liberty Mutual Insurance Company Australian Branch trading as Liberty Speciality Markets v Icon Co (NSW) Pty Ltd [2021] FCAFC 126 Mabo v Queensland (No 2) [1992] HCA 23; 175 CLR 1 McGlade v Native Title Registrar [2017] FCAFC 10; 251 FCR 172 Murray on behalf of the Yilka Native Title Claimants v State of Western Australia (No 5) [2016] FCA 752 Sandy v Yindjibarndi Aboriginal Corporation RNTBC (No 4) [2018] WASC 124; 126 ACSR 370 Stock on behalf of the Nyiyaparli People v State of Western Australia (No 2) [2018] FCA 1091 Stock on behalf of the Nyiyaparli People v State of Western Australia (No 3) [2018] FCA 1306 Stock on behalf of the Nyiyaparli People v State of Western Australia (No 5) [2018] FCA 1453 Warrie (on behalf of the Yindjibarndi People) v State of Western Australia [2017] FCA 803; 365 ALR 624
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