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Bodney v Westralia Airports Corporation Pty Ltd FCA 1609 (13 November 2000)

Category: Case Law
Binomial Name: Federal Court of Australia
Date: 13 November 2000
Sub Category:Litigated Determination
Location:Western Australia, Australia
Legal Status: Registered on the National Native Title Register.
Legal Reference: Federal Court file no: WAD6009/96; Tribunal file n
Subject Matter:Native Title | Native Title - Extinguishment
Summary Information:
Bodney v Westralia Airports Corporation Pty Ltd (2000) 109 FCR 178; FCA 1609 (13 November 2000)

Between: Christopher Robert Bodney on behalf of the Bodney Family, Edna Bropho and Others (APPLICANTS) AND
Westralia Airports Corporation Pty Ltd, Commonwealth of Australia and State of Western Australia (RESPONDENTS)

Judge: Lehane J

Determination: Native title does not exist in the determination area
Detailed Information:
This determination arose from an application made by Mr Robert Bodney on behalf of a native title claim group for a determination of native title in relation to land adjoining the Perth Airport in Western Australia. The second applicants, who were joined as parties, claimed in other proceedings a determination of native title in relation to a much larger area which included that land. The land concerned is held by the Commonwealth as a registered proprietor. It was leased to the State of Western Australia.

The Court considered several questions:
1. whether a grant of land, described as Swan Location 2803, made on 17 August 1926 by the Governor of Western Australia to Guildford Municipality, extinguished native title;
2. whether the grant of land, described as Swan Location 6246, made on 26 March 1962 by the Governor of Western Australia to the Commonwealth of Australia, extinguished native title;
3. whether the acquisition by compulsory process on 13 May 1943 by the Commonwealth of Australia, extinguished native title;
4. whether the acquisition by compulsory process on 14 July 1949 by the Commonwealth of Australia , extinguished native title; and
5. whether notice was required to be served on the applicant groups prior to the compulsory acquisition by the Commonwealth on 18 August 1960, and whether the failure to serve such notice invalidated the acquisition.

In response to the first two questions, the court found that native title had been extinguished. In relation to the third, it found that to the extent that native title had not previously been extinguished, the compulsory acquisition did extinguish native title. The fourth question was also answered in the affirmative, while the fifth, regarding notice, was answered in the negative (the latter part of the question therefore not arising).

The Court thereby concluded that any native title had been extinguished in relation to the entire claim area.

Related Entries

Organisation
  • Federal Court of Australia
  • National Native Title Tribunal
  • Commonwealth of Australia - Respondent
  • State of Western Australia - Respondent
  • Westralia Airports Corporation Pty Ltd - Respondent
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Edna Bropho - Native Title Claimant
  • Christopher Robert Bodney - Native Title Claimant

  • References

    Case Law
    Federal Court of Australia (2000) Bodney v Westralia Airports Corporation Pty Ltd (2000) FCA 1609
    Resource
    National Native Title Tribunal Native Title Determinations by Litigated Determinations

    Glossary

    Native Title (Australia) | Litigated Determination (Native Title Act 1993 (Cth)) (Australia)

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