Agreements, Treaties and Negotiated Settlements Project

Clarke on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v State of Victoria [2005] FCA 1795 (No.2)
Binomial Name:	Federal Court of Australia
Date:	13 December 2005
Sub Category:	Consent Determination (Native Title Act)
Place:	Wimmera
State/Country:	Victoria, Australia
	The consent determinations cover an area of over 9,642 sq km in the Wimmera Region in Victoria.
Legal Status:	Registered on the National Native Title Register
Legal Reference:	Federal Court file no. VID6005/1999; National National Native Tribunal file no.: VCD2005/002
Alternative Names:	Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples No. 2 Wimmera Consent Determination
Subject Matter:	Native Title
URL:	http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/federal%5fct/2005/1795.html
Summary Information:
Clarke on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v State of Victoria [2005] FCA 1795 This is one of three consent determinations to arise out of this case; the other two being Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples No. 1; and Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples No. 3 (see under 'Related Agreements' below). *Between:* Kaylene Pamela Clarke on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples (APPLICANTS) and State of Victoria and others (RESPONDENTS). Judge: Merkel J *Where made:* Horseshoe Bend, Little Desert National Park *Determination:* Native title does not exist. In relation to the native title claim VID 6005 of 1999, the applicant and respondent parties have agreed that native title does not exist in relation to the Great Western Determination Area (as described in Schedule 1).
Detailed Information:
These consent determinations represent the settlement of three native title claims by the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples (Wotjobaluk people). These are the native title claims VID 6002 of 1998, VID 6009 of 1998 and VID 6005 of 1999, located in the Wimmera, in western Victoria. They were made with the consent of over 400 parties.
Outcomes:
Native title does not exist.