January 14, 2026
On Friday 19 December 2025, his Honour Justice O’Bryan of the Federal Court of Australia delivered his judgement in the matter of Dimer on behalf of the Marlinyu Ghoorlie Claim Group v State of Western Australia [2025] FCA 1641, following a hearing that took place during 2023, and which concluded in March 2024. The judgement concerns two native title determination applications being the Marlinyu Ghoorlie claim and the Karratjibbin claim, in so far as the Karratjibbin claim overlaps the Marlinyu Ghoorlie claim area. The hearing was held for the area covered by the Marlinyu Ghoorlie claim. Various parties participated in the hearing, with the Court hearing the evidence and submissions of the various parties throughout.
The questions the Court heard and which the judgement relates to were:
- But for any question of extinguishment of native title, does native title exist in relation to any and, if so what, land and waters of the trial area?
- In relation to that part of the trial area where the answer to (a) above is in the affirmative:
- Who are the persons, or each group of persons, holding the common or group rights comprising the native title?
- What is the nature and extent of the native title rights and interests?
The full judgement can be viewed at the following link:
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca1641
In summary, his Honour Justice O’Bryan found and made orders that:
1. The separate questions be answered as follows:
(a) But for any question of extinguishment, native title exists in relation to the whole of the land and waters of the Marlinyu Ghoorlie claim area.
(b) The native title is held by the Marlinyu Ghoorlie claim group which comprises those Aboriginal people who:
(i) are descended from one or more of four apical ancestors, being Nellie Champion, Kaddee, Warada and Lucy Sambo, including by adoption in accordance with the traditional laws and customs of the rights-holding group;
(ii) identify themselves as Karlamaya, Kapurn and/or Karlaku (including alternate spellings of those names) or any combination of those names; and
(iii) are recognised by the other members of the rights-holding group as members of that group in accordance with the traditional laws and customs of the group.
(c) The nature and extent of the native title rights and interests held by the Marlinyu Ghoorlie claim group was described as the right to possession, occupation, use and enjoyment of the land and waters of the claim area being:
(i) the right to live, being to enter and remain, camp and erect temporary shelters and other temporary structures for that purpose and to travel over and visit any part of the claim area;
(ii) the right to hunt, fish, gather and use the traditional resources of the claim area;
(iii) the right to take and use water on the claim area; and
(iv) the right to engage in cultural activities and the transmission of cultural knowledge on the claim area, including:
A. visiting places of cultural or spiritual importance and protecting those places by carrying out lawful activities to preserve their physical or spiritual integrity; and
B. conducting burials, ceremony and ritual.
2. Pursuant to s 84(8) of the Native Title Act 1993(Cth), each of Gary Cooper, Maria Bandry, Norman Cooper and Victor Cooper cease to be a party to the proceeding.
3. The proceeding be listed for case management to determine the next procedural steps to be taken in the proceeding at 9.30 am (AWST) on 6 February 2026.
With respect to the Karratjibbin native title claim (Jason Colbung & Ors on behalf of the Karratjibbin People WAD 38 of 2022) filed on 18 February 2022, the Court made orders that:
1. The application be dismissed in so far as it relates to land and waters within the claim area of the Marlinyu Ghoorlie native title determination application (WAD 647 of 2017).
2. Within 60 days of the date of these orders, the applicant give written notification to the Court and all parties to this proceeding whether the applicant intends to proceed with the application in so far as it relates to land and waters outside the claim area of the Marlinyu Ghoorlie native title determination application (WAD 647 of 2017).
The Parties participating in this proceeding have independent legal representation. Native Title Service Goldfields does not provide legal representation to any parties in these proceedings. Any party who may seek to appeal this judgement should speak with a legal representative to obtain advice. Information regarding appeals is available on the Federal Court website at: https://www.fedcourt.gov.au/law-and-practice/appeals/from-courts/appellate-jurisdiction