Talking Victoria, April 2008

• Gunai/Kurnai and Kurnai native title claim
• Federal Court callover of Victorian native title claims
  - North West matters
  - Latji Latji claim
  - Latji Latji Wergaia claim
• Application of the registration test
• Notification of claims

Gunai/Kurnai and Kurnai native title claim

On 11 March 2008 four months of hearings in the Federal Court came to an end with the closing of submissions for early and preservation evidence* for the Gunai/Kurnai and Kurnai native title claims.

The court heard from eight witnesses “on country”, at Gippsland, in and around Lake Tyers, Cape Conran, Stratford, Eagle Point, Drouin and Melbourne. Five of the witnesses gave evidence for the Gunai/Kurnai and three for the Kurnai claimants.

Justice Tony North was informed that as a result of evidence given in these hearings informal discussions have started that could resolve the intra-indigenous dispute. Based on this the court, with the consent of the State of Victoria, ordered that mediation for resolving the composition of the group, currently being undertaken by the Tribunal, should stop.

To monitor the progress of discussions the claims have been referred to a Case Management Conference before a Registrar of the court on 27 June 2008.

The two claims almost entirely overlap and cover about 39,100sq kms of land, water and sea around Warragul, Morwell, Sale, Bairnsdale, Orbost and east to cover part of Croajingolong National Park.

*Early and preservation evidence hearings are generally ordered by the court when requested by a party or where negotiations have stalled. Such hearings provide an opportunity for applicants to demonstrate the strength of their case and also provide a chance for respondents to test the evidence.

Federal Court callover of Victorian native title claims

The status of native title claims across Victoria was heard by the Federal Court on 17 March 2008. The first claims before Justice North were the North West matters, including four Dja Dja Wurrung claims, Yupagalk, Robinvale, Wamba Wamba, Barapa Barapa and Wadi Wadi.

The court was told about “a significant development” in Victoria that may impact on the settlement timetable for the North West claims. A steering committee made up of representatives of the Victorian Traditional Owner Land Justice Group and state representatives has been created to develop a Victorian settlement framework for native title claims. The committee will be chaired by Professor Mick Dodson.

Concern that this would cause a delay in settlement of the North West claims and a possible loss of momentum in negotiations, led the court to order (with the parties’ consent) that a Case Management Conference be held between the state and the applicants’ representative to consider how the new framework can be accommodated in the North West settlement timetable. The matter was adjourned to 27 June 2008.

The state’s media release announcing the alternative framework negotiations: Media Release: MICK DODSON TO HEAD GOVERNMENT’S ALTERNATIVE FRAMEWORK FOR NEGOTIATING NATIVE TITLE

The Latji Latji claim was also adjourned to 27 June 2008, after the court was advised that research to help the resolution of an inter-indigenous dispute with the Robinvale claimants is progressing as agreed between the parties. The related Latji Latji Wergaia claim was also adjourned.

The full text of the court’s orders can be downloaded via the court’s e-search facility on the Federal Court’s website at www.fedcourt.gov.au. For Federal Court reference numbers please see the claims table below.

Application of the registration test

Amendments to the Native Title Act made in 2007 require the Tribunal’s Registrar to re-apply the registration test to those claims where the test has previously been applied and the test conditions were not met. The Registrar is to use his best endeavours to test such claims by 15 April 2008, one year from the commencement of the Native Title Amendment Act 2007.

For Victorian applications the registration test has been re-applied for the:

• Gunai/Kurnai Boonerwrung VID6005/98 – conditions not met on 22/10/2007
• Kurnai VID398/2005 – conditions not met on 10/08/2007
• Dja Dja Wurrung VID6043/1998 – conditions not met on 21/12/2007 [note: the claim has been discontinued on 14/03/2008]

Registration test decisions are yet to be made for:

• Bunurong VID667/2006 – test date yet to be determined
• Gunditjmara # 2 VID655/2006 (Part B) – test date yet to be determined.

Notification of claims

Following the application of the registration test, preparations are underway for the notification of the Kurnai and Gunai/Kurnai Boonerwrung claims with notification dates anticipated to be scheduled for May 2008.

Victoria's native title claims - Table

Who is in the Melbourne Registry

Tribunal Members and their Victorian claims