Agreements, Treaties and Negotiated Settlements Project

CG (Deceased) on behalf of the Badimia People v State of Western Australia (No 2) [2015] FCA 507
Date:	25 May 2015
Sub Category:	Consent Determination (Native Title Act)
Place:
State/Country:	Western Australia, Australia
	The determination area is outlined in the Schedule of the judgment. It consists of 36,000 square kilometres of land in Western Australia. It covers an area in Western Australia's Mid West and Murchison regions, in the shires of Cue, Dalwallinu, Menzies, Mt Magnet, Mt Marshall, Perenjori, Yalgoo and Yilgarn.

Legal Status:	Registered on the National Native Title Register.
Legal Reference:	Tribunal file no.: WCD2015/001; Federal Court file nos.: WAD6123/1998 ; WAD100/2012.
Subject Matter:	Native Title
URL:	http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2015/507.html?stem=0&synonyms=0&query=title(badimia%20and%20western%20australia%20)
Summary Information:
CG (Deceased) on behalf of the Badimia People v State of Western Australia (No 2) [2015] FCA 507 *Proceeding WAD 6123 of 1998 (Badimia claim)* Between: CG (DECEASED), JOHN ASHWIN, GLORIA FOGARTY, PG (DECEASED), OLLIE GEORGE, OLIVE GIBSON, IH (DECEASED), AL (DECEASED), HL (DECEASED), RL (DECEASED), WL (DECEASED), DES LITTLE, DES THOMPSON, NANCY WALLAM, FRANK WALSH (JNR) and FRANK WALSH (SNR) (claimants); and STATE OF WESTERN AUSTRALIA , THE COMMONWEALTH OF AUSTRALIA, SHIRE OF CUE, SHIRE OF MENZIES, SHIRE OF MOUNT MAGNET, ACVE HOLDINGS PTY LTD, BAGIRA PTY LTD (WYDGEE STATION), BERKSHIRE VALLEY NOMINEES PTY LTD, TANIA ROSLYN CHITTARA (BIMBIJY STATION), GREGORY JOHN COWLEY (OUDABUNNA), ROSLYN DOREEN COWLEY (OUDABUNNA), WILLIAM TERRENCE COWLEY (OUDABUNNA), CROWBAR CONTRACTORS PTY LTD, REBECCA MARY DAVIES (MARANALGO STATION), ROGER PAUL DAVIES (MARANALGO STATION), EDAH PASTORAL COMPANY PTY LTD (EDAH STATION), GREGORY SHAYNE FRENCH (BIMBIJY STATION), GUYMON PTY LTD, LAURENCE FREDERICK AND CATHERINE MARY JENSEN, ADRIAN JAMES MORRISSEY, PETER JOHN MORRISSEY, ANDREW JOHN AND JAQUELINE ANDREA MOSES, HE AND RG MOSES (HY BRAZIL STATION), MURRUM PASTORAL CO PTY LTD, GRAEME LAWRENCE NEWTON (PULLAGAROO STATION), PASTORAL EXPORTS PTY LTD (MOUROUBRA STATION), ELIZABETH ANN PILKINGTON (KIRKALOCKA STATION), GEOFFREY BRIAN PILKINGTON (KIRKALOCKA STATION), RANGELAND RED PTY LTD, CM AND GJ SCOTT (BOODANOO STATION), CM, GJ, LV, RW AND WJ SCOTT (WYNYANGOO STATION), E, W, C AND I SCOTT (NARNDEE STATION), GREGORY AND ROBERT SCOTT (WONDINONG STATION), LESLEY VALMA SCOTT, PAUL ALEXANDER AND KELLIE ANNE STARICK, WAGGA WAGGA STATION PTY LTD, JOHN THOMAS WAINWRIGHT (NALBARRA STATION), KAREN JOY WAINWRIGHT (NALBARRA STATION), WESTAG HOLDINGS PTY LTD (WINDIMURRA STATION), JANET GAYNOR WINTER (PULLAGAROO STATION), AUSTRALIAN WILDLIFE CONSERVANCY, YAMATJI MARLPA ABORIGINAL CORPORATION and TELSTRA CORPORATION LTD (respondents). Judge: Barker J Where made: Perth Determination: Native title does not exist in relation to any part of the land or waters within the external boundary of proceeding WAD 6123 of 1998, as described by the Schedule. *Proceeding WAD 100 of 2012 (Badimia #2 claim)* Between: JOHN ASHWIN, GLORIA FOGARTY, OLLIE GEORGE, OLIVE GIBSON, IH (DECEASED), LH (DECEASED), DES LITTLE, DES THOMPSON, NANCY WALLAM, FRANK WALSH (JNR), FRANK WALSH (SNR) (claimants); and STATE OF WESTERN AUSTRALIA , THE COMMONWEALTH OF AUSTRALIA, SHIRE OF MOUNT MARSHALL, THE SOUTH WEST ABORIGINAL LAND AND SEA COUNCIL ABORIGINAL CORPORATION, ASHLEY WILLIAM DOWDEN, AUSTRALIAN WILDLIFE CONSERVANCY, BERKSHIRE VALLEY NOMINEES PTY LTD, GREGORY JOHN COWLEY, ROSLYN DOREEN COWLEY, WILLIAM TERRENCE COWLEY, CROWBAR CONTRACTORS PTY LTD, JOHN FORREST DUNNE, MARILYN DALE DUNNE, EDAH PASTORAL COMPANY PTY LTD, GUYMON PTY LTD, CATHERINE MARY JENSEN, LAURENCE FREDERICK JENSEN, ADRIAN JAMES MORRISSEY, KAREN DIANE MORRISSEY, PETER JOHN MORRISSEY, HEATHER ELIZABETH MOSES, PASTORAL EXPORTS PTY LTD, ELIZABETH ANN PILKINGTON, GEOFFREY BRIAN PILKINGTON, RANGELAND RED PTY LTD, GREGORY ROBERT SCOTT, LESLEY VALMA SCOTT, TANIA ROSLYN FRENCH AND GREGORY SHAYNE FRENCH, WAGGA WAGGA STATION PTY LTD, ABALONE (WA) PTY LTD, COVENTRY ENTERPRISES PTY LTD, JOHN CALEGARI, SILVER LAKE RESOURCES LIMITED (respondents). Judge: Barker J Where made: Perth Determination: The court orders that proceeding WAD 100 of 2012 be dismissed.
Detailed Information:
Background The native title application was first made on 14 October 1996. It was an application under s 61 of the Native Title Act 1993 (Cth) for the recognition of the Badimia People as the holders of native title rights and interests over their country. There were no overlapping or competing native title claims over the claim area or any Indigenous respondents opposing the Badimia claim. The determination area consisted of 36,000 square kilometres of land in Western Australia. Details of Judgement In this matter, the Court concluded it was unable to find, despite the current evidence of connection relied on by the claimants, that the claimants are connected to the claim area by traditional laws and customs of the Badimia people as required by the Native Title Act 1993 (Cth). His honour held that the claimants failed to discharge the onus that they bear to satisfy the Court, on the balance of probabilities, that: (i) the claim area falls within the traditional country of the Badimia people at sovereignty; (ii) the claimants are, in the case of the claimed apical ancestors (save for three or four) descended from persons who were Badimia people; or that (iii) the laws and customs that the claimants currently assert, under which they say native title is currently possessed, are the �traditional� laws and customs of the pre-sovereignty Badimia people; and in particular, (iv) the claimants have not proved that the Badimia people, since sovereignty, and in each generation, have continued to acknowledge traditional laws and observe traditional customs to the present day in respect of the claim area. This decision gave effect to orders made in March 2015, in CG (Deceased) on behalf of the Badimia People v State of Western Australia [2015] FCA 204. In that case, despite the evidence of the claimants, the Court was unable to find that the claimants were connected to the claim area by traditional laws and customs as required by the Native Title Act 1993 (Cth).