Webster v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 702
An interesting Federal Court judgement can be found here .
"CONSTITUTIONAL LAW – Constitution s 51(xix) – where foreign born applicant claimed to be a non-citizen non-alien by reason of being an Aboriginal Australian within the meaning of tripartite test in Mabo v Queensland (No 2) 175 CLR 1 at 70 – where Minister had cancelled applicant’s visa and decided not to revoke cancellation under s 501(CA)(4) of the Migration Act 1958 (Cth) – sufficiency of evidence necessary to establish each limb of tripartite test – whether test’s requirement of “mutual recognition” satisfied by Australian Aboriginal recognition by elders or persons enjoying traditional authority “culturally adopting” applicant into indigenous society different from that of his biological descent."
Well worth reading in full.
Thursday, 28 May 2020
Thursday, 23 April 2020
Desert People - M J Meggitt
I was looking at the book Desert People by M J Meggitt published in 1962 and was amazed by the detailed personal information recorded and published about events that happened or were said to have happened during the field work on which the publication was based. The people involved in these events are easily recognised in census results in the Northern Territory, especially for Hooker Creek. Some would still be alive today. I wonder if they realised how the information they provided would be used. An extract is here .
Further examples follow :-
"While they were at Yuendumu, Wally djabaldjari and his
sister’s husband, Jack djagamara, were allies in a series of disputes
that involved a homicide. Knowing that reprisals were
likely, they offered Jack’s daughter, Julie, then about 10 years
old, to a djabanangga man in return for a promise of aid
in future fights. This man, however, did not honour his agreement
in the next fight that occurred, so Jack declared the
betrothal to be at an end. Other men criticized Jack’s action.
They stated that betrothal should be an unconditional arrangement
and should lead automatically to marriage.
When Jack later moved to Hooker Creek, he took Julie with
him. As he still feared repercussions from the earlier disputes,
he offered the girl on the same terms to Peter djabanangga
of Wave Hill. Peter was already married and refused to be
entangled in Jack’s quarrels. He suggested that Julie be offered
to his “young brother”, Robber djabanangga, who accepted
the betrothal.
About a year afterwards, Robber arrived from Wave Hill
and asked for Julie in marriage, guaranteeing to let her visit
her mother at Hooker Creek frequently. Although Jack had
had no cause to call on Robber for fighting aid, he handed the
girl over without argument to avoid public disapproval of a
second default. At the same time, he offered another young
daughter to Peter in return for help in disputes, but Peter
again declined."
Julie born 22. 7.1954 Phillip Creek, parents Wauchope Jack Djugamurra and Lillian Nabanardi
1963 Census Warrabri
Jack Wauchope Jagamara, born c1926
Lillian Wauchope Nabangardi, born c 1936
Julie Wauchope Nungala, born 22. 7.1954
Sylvia Wauchope Nungala, born 26.12.1958
Gary Denis Wauchope Jungala, born 20. 9.1961
"Margie nabangari, the younger wife of Billy djarnbidjimba,
was the daughter of Peter djabanangga of Wave Hill. During
a visit to Hooker Creek Peter told me he was worried about
Margie’s increasing blindness (actually the result of trachoma).
He was sure that an enemy was “singing” her. Peter several
times berated Billy for not seeking out the sorcerer, and he said
he would leave a son at Hooker Creek to ensure that Billy
looked after Margie better. He also criticized Billy’s failure to
shield her from the attentions of her lover, Norman djambidjimba.
On an earlier visit to Hooker Creek, Peter had threatened
to spear Norman — a warning that Billy should have issued.
When Norman heard that Peter was coming again to Hooker
Creek, he suddenly discovered urgent matters to discuss with
relatives at Yuendumu, 200 miles away."
Hooker Creek Census 1963
Blind Maggie Nabangadi, mother (Crossed out Margaret (Margie))
Billy Army Jambijimba, father
Ruthie Nangala, born 28. 8.1961
Hooker Creek Census c1968
Billy Ami Jambidjimba, born c1904, Brother Angus, sister June
Nancy Nabaldjari, wife 1, born c1919 Hooker Creek or Darwin
Margie (Maggie) Nabungadi, wife 2, born c1934, blind
Ruth Armstrong Nangala born 28. 8.1961
Hooker Creek Census 1968
Norman Jambidjimba, husband, born c1934
Maisie Jabangadi, wife, born c1933 (First husband Mick Jagamara, DOB also 1938)
(They care for Patsy Nangala, daughter of Paddy Jambidjimba, and Biddy Nambidjimba
born 6. 7.1957.)
"Although Bulbul djabaldjari had three wives, he devoted
much time and energy to the pursuit of other women. On this
occasion, he was involved in a liaison with the promiscuous
Marcie nambidjimba, his “m.b.d.”. As men recalled his recent
affair with Molly nagamara, they passed acid comments on his
current behaviour. However, nothing was said to Marcie’s
husband, Ginger, who was clearly aware of the situation. One
afternoon, Bulbul’s youngest wife, Margaret nagamara, surprised
Bulbul and Marcie in flagrante delicto in Bulbul’s own
shelter. She upbraided him for “shaming” her in this way
and then struck Marcie several times. Bulbul at once speared
her in the thigh and abused her roundly. The noise attracted
Ginger, who began to beat Marcie until Abe djangala, Marcie’s
“father”, sent him spinning from a powerful blow with a club.
This quite incapacitated Ginger, who could only look on
while Abe thrashed Marcie.
Meanwhile, Margaret’s own father, William djuburula (aged
about 60), attacked Bulbul with a boomerang. He landed
some telling blows but was no match for the younger man.
Seeing William receive the worst of the fight, his “younger
brothers” and countrymen, Paddy and Charlie djuburula, came
to his aid Bulbul was now in desperate straits so Clem
djungarai, his own son, and Windy and Larry djungarai, his
"sons" tackled the two younger djuburula with clubs and
boomerangs. Windy split open Paddy's scalp but had his
fingers broken in return. Bulbul’s own brothers, who had disapproved
of his behaviour, would not help him. Eventually
a group of Ginger’s countrymen managed to break up the fight,
which now no longer concerned them, and separated the
combatants long enough for tempers to cool.
In the discussions that followed, I was repeatedly told, even
by Bulbul’s own brothers, that he had behaved ahominanbly
by copulating with Marcie in his own camp, he had insulted
all his wives and their kinsmen. Nevertheless, the men added
Margaret should have known better than to berate Bulbul
in front of Marcie. He was bound to retaliate in order to
maintain his prestige. She should have gone at once to her
father with her complaint and let him gather relatives to
punish Bulbul."
Hooker Creek Census c1968
Bulbul Djandu-Djugurba Jabaldjari, husband, born c1904
Margaret Nagamara, wife 1, born c1924
Peter Penn (Pan) Jungarai, child wife 1, born c1945 Wife is Barbara
Hector Cavin Jungarai, child wife 1, born 19. 2.1954
Liddy Nagamaea, wife 2, born c1910
Freddy Jungarai, child wife 2, born c1933, Wife 1 Mary, Wife 2 Minnie, wife 3 Molly
Clem Jungarai, child wife 2, born c1934, Wife is Liddy
Lindsay Jungarai, child wife 2, born c1940, Wife is Aileen
Doreen Nungarai, child wife 2, born c1947 Husband is Jerry
Modagarbun (Mrs Chapman) Nagamara, wife 3, born c1900
Benny Jungarai, child wife 3, born c1937, Wife is Kitty
Census 1964 Hooker Creek
Clem, Jungarai, Wailbri, husband, born c1934
Liddy, Nagamara, Wailbri, wife 1, born c1929
Edward, Jungarai, Wailbri, child, born c1950 (Father is Alec Jabaljari. Mother is Liddy.)
Laura, Nungarai, Wailbri, child, born 18. 2.1964
Biddy (Betty), Nungarai, Wailbri, child, born 4.12.1958
Elizabeth, Nungarai, Wailbrichild, born c1947 (Married to Peter Jangala.)
Mona, Nangala, Wailbri, wife 2, born c1929 (Presently divorced)
Mary, Nabaljari, Wailbri, child, born 26. 3.1956
Robin, Nabaljari, Wailbri, child, born 28. 8.1959 Twin
Tom, Jabaljari, Wailbri, child, born 28. 8.1959 Twin
Richard, Jabaljari, Wailbri, child, born c1952
Census c1968 Hooker Creek
Clem, Jungarai, husband, born c1934
Liddy, Nagamara, wife, born c1929
Laura, Nungarai, child, born 18. 2.1964
Irma, Nungarai, child, born 31. 8.1965
Sharon, Nungarai, child, born 30. 4.1968
(They also care for Clem's children by his first wife Mona (now
married to Windy and cares for King. Children are Mary Anne Paton
born 26. 3.1965; Charles deceased; Tommy Paton born 28. 8.1959;
Robyn Paton born 28. 8.1959. Liddy, first husband Alec, cares
for Mary Anne, Tommy, Robyn and own children Betty (father Alec),
Laura (father Clem), Irma (father Clem).
Census c1968 Hooker Creek
Windy, Jungarai, husband, born c1918
Topsy, Nangala,m wife 1, born c1937
Mona, Nangala, wife 2, born c1929 (First husband Clem)
Ivan, Jabaldjari, child, born 8. 9.1961 (Mother Topsy)
Gary, Jabaldjari, child, born 23. 8.1963 (Mother Topsy)
King, Jabaldjari, child, born 14.12.1961 (Mother Mona)
(Mona's children by her first husband Clem are Mary Anne,
Tommy and Robyn. They are looked after by Clem and his wife.
Crossed out is 'They also care for Richard another of her
children'. He now appears with the single men.
Windy's first wife Joan now with Ned Jungala.)
Hooker Creek Census c1968
Ginger, Jabangadi, husband, born c1894, Deceased 12. 6.1967
Marcia, Nambidjimba, wife, born c1934 SW16 On Single Women's list
Paul Marks, Jabananga, child, born 6. 5.1960
Gordon, Jabananga, child, born 4. 1.1964, deceased
Joanne, Nabananga, child, born 9. 8.1965
Kevin, Jabananga, child, born 12. 8.1966, deceased 17. 3.1967
(Children by Widdy, wife 1, now deceased, are Dolly Baker (born 1915),
Charlie (born 1932) and Albert. Maggie Dabarantyi, wife 3 (separated/deceased ?)
Photographs available in the Mervyn J Meggitt Collection at AIATSIS
Persons photographed include: Bulbul; Clem Djungarai; Jimmy Djambidjimba; Peter Djabanangga; Jack Djagamara; Wally Djabaldjari; Silent Djambidjimba; Jack Djagaldjari; Larry Djungarai; Ginger Djabangari; Paddy Djabaldjari; Louis Djuburula; Alex II Djabaldjari; Bulbul Djabaldjari; Alex I Djabaldjari; Mick Djabangari; Larry Djungarai; Clarry Djabaldjari; Billy Djambidjimba; Louis Djuburula; Jack Djabaldjari; Danny Djungarai; Jack Djagamara; Maggie Nambidjimba; William Djuburula; Abe Djangala; Paddy Djambidjimba; Wagulgari Djungarai; Windy Djungarai; Donny Djabangari; Comedy Djabanangga; Wadana; Ngagamara (Djagamara); Ronnie Rawson; Bobby Paton
Further examples follow :-
"While they were at Yuendumu, Wally djabaldjari and his
sister’s husband, Jack djagamara, were allies in a series of disputes
that involved a homicide. Knowing that reprisals were
likely, they offered Jack’s daughter, Julie, then about 10 years
old, to a djabanangga man in return for a promise of aid
in future fights. This man, however, did not honour his agreement
in the next fight that occurred, so Jack declared the
betrothal to be at an end. Other men criticized Jack’s action.
They stated that betrothal should be an unconditional arrangement
and should lead automatically to marriage.
When Jack later moved to Hooker Creek, he took Julie with
him. As he still feared repercussions from the earlier disputes,
he offered the girl on the same terms to Peter djabanangga
of Wave Hill. Peter was already married and refused to be
entangled in Jack’s quarrels. He suggested that Julie be offered
to his “young brother”, Robber djabanangga, who accepted
the betrothal.
About a year afterwards, Robber arrived from Wave Hill
and asked for Julie in marriage, guaranteeing to let her visit
her mother at Hooker Creek frequently. Although Jack had
had no cause to call on Robber for fighting aid, he handed the
girl over without argument to avoid public disapproval of a
second default. At the same time, he offered another young
daughter to Peter in return for help in disputes, but Peter
again declined."
Julie born 22. 7.1954 Phillip Creek, parents Wauchope Jack Djugamurra and Lillian Nabanardi
1963 Census Warrabri
Jack Wauchope Jagamara, born c1926
Lillian Wauchope Nabangardi, born c 1936
Julie Wauchope Nungala, born 22. 7.1954
Sylvia Wauchope Nungala, born 26.12.1958
Gary Denis Wauchope Jungala, born 20. 9.1961
"Margie nabangari, the younger wife of Billy djarnbidjimba,
was the daughter of Peter djabanangga of Wave Hill. During
a visit to Hooker Creek Peter told me he was worried about
Margie’s increasing blindness (actually the result of trachoma).
He was sure that an enemy was “singing” her. Peter several
times berated Billy for not seeking out the sorcerer, and he said
he would leave a son at Hooker Creek to ensure that Billy
looked after Margie better. He also criticized Billy’s failure to
shield her from the attentions of her lover, Norman djambidjimba.
On an earlier visit to Hooker Creek, Peter had threatened
to spear Norman — a warning that Billy should have issued.
When Norman heard that Peter was coming again to Hooker
Creek, he suddenly discovered urgent matters to discuss with
relatives at Yuendumu, 200 miles away."
Hooker Creek Census 1963
Blind Maggie Nabangadi, mother (Crossed out Margaret (Margie))
Billy Army Jambijimba, father
Ruthie Nangala, born 28. 8.1961
Hooker Creek Census c1968
Billy Ami Jambidjimba, born c1904, Brother Angus, sister June
Nancy Nabaldjari, wife 1, born c1919 Hooker Creek or Darwin
Margie (Maggie) Nabungadi, wife 2, born c1934, blind
Ruth Armstrong Nangala born 28. 8.1961
Hooker Creek Census 1968
Norman Jambidjimba, husband, born c1934
Maisie Jabangadi, wife, born c1933 (First husband Mick Jagamara, DOB also 1938)
(They care for Patsy Nangala, daughter of Paddy Jambidjimba, and Biddy Nambidjimba
born 6. 7.1957.)
"Although Bulbul djabaldjari had three wives, he devoted
much time and energy to the pursuit of other women. On this
occasion, he was involved in a liaison with the promiscuous
Marcie nambidjimba, his “m.b.d.”. As men recalled his recent
affair with Molly nagamara, they passed acid comments on his
current behaviour. However, nothing was said to Marcie’s
husband, Ginger, who was clearly aware of the situation. One
afternoon, Bulbul’s youngest wife, Margaret nagamara, surprised
Bulbul and Marcie in flagrante delicto in Bulbul’s own
shelter. She upbraided him for “shaming” her in this way
and then struck Marcie several times. Bulbul at once speared
her in the thigh and abused her roundly. The noise attracted
Ginger, who began to beat Marcie until Abe djangala, Marcie’s
“father”, sent him spinning from a powerful blow with a club.
This quite incapacitated Ginger, who could only look on
while Abe thrashed Marcie.
Meanwhile, Margaret’s own father, William djuburula (aged
about 60), attacked Bulbul with a boomerang. He landed
some telling blows but was no match for the younger man.
Seeing William receive the worst of the fight, his “younger
brothers” and countrymen, Paddy and Charlie djuburula, came
to his aid Bulbul was now in desperate straits so Clem
djungarai, his own son, and Windy and Larry djungarai, his
"sons" tackled the two younger djuburula with clubs and
boomerangs. Windy split open Paddy's scalp but had his
fingers broken in return. Bulbul’s own brothers, who had disapproved
of his behaviour, would not help him. Eventually
a group of Ginger’s countrymen managed to break up the fight,
which now no longer concerned them, and separated the
combatants long enough for tempers to cool.
In the discussions that followed, I was repeatedly told, even
by Bulbul’s own brothers, that he had behaved ahominanbly
by copulating with Marcie in his own camp, he had insulted
all his wives and their kinsmen. Nevertheless, the men added
Margaret should have known better than to berate Bulbul
in front of Marcie. He was bound to retaliate in order to
maintain his prestige. She should have gone at once to her
father with her complaint and let him gather relatives to
punish Bulbul."
Hooker Creek Census c1968
Bulbul Djandu-Djugurba Jabaldjari, husband, born c1904
Margaret Nagamara, wife 1, born c1924
Peter Penn (Pan) Jungarai, child wife 1, born c1945 Wife is Barbara
Hector Cavin Jungarai, child wife 1, born 19. 2.1954
Liddy Nagamaea, wife 2, born c1910
Freddy Jungarai, child wife 2, born c1933, Wife 1 Mary, Wife 2 Minnie, wife 3 Molly
Clem Jungarai, child wife 2, born c1934, Wife is Liddy
Lindsay Jungarai, child wife 2, born c1940, Wife is Aileen
Doreen Nungarai, child wife 2, born c1947 Husband is Jerry
Modagarbun (Mrs Chapman) Nagamara, wife 3, born c1900
Benny Jungarai, child wife 3, born c1937, Wife is Kitty
Census 1964 Hooker Creek
Clem, Jungarai, Wailbri, husband, born c1934
Liddy, Nagamara, Wailbri, wife 1, born c1929
Edward, Jungarai, Wailbri, child, born c1950 (Father is Alec Jabaljari. Mother is Liddy.)
Laura, Nungarai, Wailbri, child, born 18. 2.1964
Biddy (Betty), Nungarai, Wailbri, child, born 4.12.1958
Elizabeth, Nungarai, Wailbrichild, born c1947 (Married to Peter Jangala.)
Mona, Nangala, Wailbri, wife 2, born c1929 (Presently divorced)
Mary, Nabaljari, Wailbri, child, born 26. 3.1956
Robin, Nabaljari, Wailbri, child, born 28. 8.1959 Twin
Tom, Jabaljari, Wailbri, child, born 28. 8.1959 Twin
Richard, Jabaljari, Wailbri, child, born c1952
Census c1968 Hooker Creek
Clem, Jungarai, husband, born c1934
Liddy, Nagamara, wife, born c1929
Laura, Nungarai, child, born 18. 2.1964
Irma, Nungarai, child, born 31. 8.1965
Sharon, Nungarai, child, born 30. 4.1968
(They also care for Clem's children by his first wife Mona (now
married to Windy and cares for King. Children are Mary Anne Paton
born 26. 3.1965; Charles deceased; Tommy Paton born 28. 8.1959;
Robyn Paton born 28. 8.1959. Liddy, first husband Alec, cares
for Mary Anne, Tommy, Robyn and own children Betty (father Alec),
Laura (father Clem), Irma (father Clem).
Census c1968 Hooker Creek
Windy, Jungarai, husband, born c1918
Topsy, Nangala,m wife 1, born c1937
Mona, Nangala, wife 2, born c1929 (First husband Clem)
Ivan, Jabaldjari, child, born 8. 9.1961 (Mother Topsy)
Gary, Jabaldjari, child, born 23. 8.1963 (Mother Topsy)
King, Jabaldjari, child, born 14.12.1961 (Mother Mona)
(Mona's children by her first husband Clem are Mary Anne,
Tommy and Robyn. They are looked after by Clem and his wife.
Crossed out is 'They also care for Richard another of her
children'. He now appears with the single men.
Windy's first wife Joan now with Ned Jungala.)
Hooker Creek Census c1968
Ginger, Jabangadi, husband, born c1894, Deceased 12. 6.1967
Marcia, Nambidjimba, wife, born c1934 SW16 On Single Women's list
Paul Marks, Jabananga, child, born 6. 5.1960
Gordon, Jabananga, child, born 4. 1.1964, deceased
Joanne, Nabananga, child, born 9. 8.1965
Kevin, Jabananga, child, born 12. 8.1966, deceased 17. 3.1967
(Children by Widdy, wife 1, now deceased, are Dolly Baker (born 1915),
Charlie (born 1932) and Albert. Maggie Dabarantyi, wife 3 (separated/deceased ?)
Photographs available in the Mervyn J Meggitt Collection at AIATSIS
Persons photographed include: Bulbul; Clem Djungarai; Jimmy Djambidjimba; Peter Djabanangga; Jack Djagamara; Wally Djabaldjari; Silent Djambidjimba; Jack Djagaldjari; Larry Djungarai; Ginger Djabangari; Paddy Djabaldjari; Louis Djuburula; Alex II Djabaldjari; Bulbul Djabaldjari; Alex I Djabaldjari; Mick Djabangari; Larry Djungarai; Clarry Djabaldjari; Billy Djambidjimba; Louis Djuburula; Jack Djabaldjari; Danny Djungarai; Jack Djagamara; Maggie Nambidjimba; William Djuburula; Abe Djangala; Paddy Djambidjimba; Wagulgari Djungarai; Windy Djungarai; Donny Djabangari; Comedy Djabanangga; Wadana; Ngagamara (Djagamara); Ronnie Rawson; Bobby Paton
Saturday, 21 March 2020
Betwixt and Between
Interesting paper in the Journal of Genocide Research, 1–17 (2020) by H. Burke, B. Barker, L. Wallis, S. Craig & M. Combo titled Betwixt and Between: Trauma, Survival and the Aboriginal Troopers of the Queensland Native Mounted Police.
The Abstract follows
The Abstract follows
Much has been written about the history of the Queensland Native
Mounted Police, mostly focussing on its development, its white
officers, how much the Colonial Government genuinely knew
about the actions of the Force, and how many people were killed
during the frontier wars. Far less attention has been given to the
Aboriginal men of the force, the nature of their recruitment, and
the long-term traumatic impacts on Aboriginal peoples’ and
communities’ psyches rather than broadscale changes to
Aboriginal culture per se. This article examines the historical and
ongoing psychological impacts of dispossession and frontier
violence on Aboriginal people. Specifically, we argue that
massacres, frontier violence, displacement, and the ultimate
dispossession of land and destruction of traditional cultural
practices resulted in both individual and collective intergenerational
trauma for Aboriginal peoples. We posit that, despite
the Australian frontier wars taking place over a century ago, their
impacts continue to reverberate today in a range of different
ways, many of which are as yet only partially understood.
Mounted Police, mostly focussing on its development, its white
officers, how much the Colonial Government genuinely knew
about the actions of the Force, and how many people were killed
during the frontier wars. Far less attention has been given to the
Aboriginal men of the force, the nature of their recruitment, and
the long-term traumatic impacts on Aboriginal peoples’ and
communities’ psyches rather than broadscale changes to
Aboriginal culture per se. This article examines the historical and
ongoing psychological impacts of dispossession and frontier
violence on Aboriginal people. Specifically, we argue that
massacres, frontier violence, displacement, and the ultimate
dispossession of land and destruction of traditional cultural
practices resulted in both individual and collective intergenerational
trauma for Aboriginal peoples. We posit that, despite
the Australian frontier wars taking place over a century ago, their
impacts continue to reverberate today in a range of different
ways, many of which are as yet only partially understood.
Unfortunately the article is paywalled.
Monday, 9 March 2020
Gugu Badhun People #3 Native Title Claim
National Native Title Tribunal File QC2019/003 - Gugu Badhun People #3 available here entered on the Register 06/03/2020.
The attachments are as follows :-
Register extract available here
Attachment B - Map showing External Boundary Description here
Attachment C - Map of the Application Area here
The Gugu Badhun native title claim group is comprised of the descendants (including through adoption or raising up in accordance with traditional law and customs) of the following apical ancestors:
(a) Bella, mother of Harry Goetz, Cissie McDowall, and Albert Brown
(b) Lucy Shaw, mother of Richard Hoolihan, Mosley Dickman, and Jimmy Dickman
(c) King Lava, father of Mariah Saddler
(d) Nellie Rankin
(e) Charlie Burdekin, father of Frank Burdekin, William Burdekin, Ernest Burdekin, Gertrude Burdekin, and Peter McDowell
(f) Nancy Jordan, also known as Nancy Rose Lee and Nancy Ah Sam, wife of Harry Goetz
(g) Nora Lee, also known as Laura and Laula, wife of Charlie Burdekin
(h) Ceasar Murray
(i) Minnie Tiger, also known as Big Minnie
(j) Skinny Minnie
See also
Gugu Badhun - People of the Valley of Lagoons
Yvonne Cadet-James, Robert Andrew James, Sue McGinty & Russell McGregor
Australian Institute of Aboriginal and Torres Strait Islander Studies 2017
(Available to download here .)
The attachments are as follows :-
Register extract available here
Attachment B - Map showing External Boundary Description here
Attachment C - Map of the Application Area here
The Gugu Badhun native title claim group is comprised of the descendants (including through adoption or raising up in accordance with traditional law and customs) of the following apical ancestors:
(a) Bella, mother of Harry Goetz, Cissie McDowall, and Albert Brown
(b) Lucy Shaw, mother of Richard Hoolihan, Mosley Dickman, and Jimmy Dickman
(c) King Lava, father of Mariah Saddler
(d) Nellie Rankin
(e) Charlie Burdekin, father of Frank Burdekin, William Burdekin, Ernest Burdekin, Gertrude Burdekin, and Peter McDowell
(f) Nancy Jordan, also known as Nancy Rose Lee and Nancy Ah Sam, wife of Harry Goetz
(g) Nora Lee, also known as Laura and Laula, wife of Charlie Burdekin
(h) Ceasar Murray
(i) Minnie Tiger, also known as Big Minnie
(j) Skinny Minnie
See also
Gugu Badhun - People of the Valley of Lagoons
Yvonne Cadet-James, Robert Andrew James, Sue McGinty & Russell McGregor
Australian Institute of Aboriginal and Torres Strait Islander Studies 2017
(Available to download here .)
Saturday, 7 March 2020
Clermont-Belyando Area Native Title Claim Authorisation Meeting
Clermont-Belyando Area Native Title Claim Meeting
The native title claim group comprises the descendants of one or more of the following people:
1. Billy and Lucy (parents of Jimmy Tarpot, Mary Ann Alboro and Mary Ellen)
2. Dan Dunrobin (also known as Dunrobin, Christopher Dunrobin and Dan Robin)
3. Frank Fisher (Snr) of Clermont
4. Jimmy Flourbag
5. Charlie McAvoy of Logan Downs
6. Liz McEvoy of Alpha
7. The Mother of Jack (Girrabah) Malone and Jim (Conee) Malone
8. Mary of Clermont (also known as Mary Johnson)
The purpose of the meeting is for the claim group:
(1) To authorise the applicant to deal with the application in the manner set out in the third further amended statement of claim filed on 12 February 2020 which includes the amendments dealing with the description of the claim group referred to below.
(2) To authorise the applicant to seek any necessary amendment to the claimant application dealing with the description of the claim group to the same effect as the claim group description in the statement of claim.
[7]The relevant parts of the statement of claim dealing with the claim group description read as follows:
The claim group comprises the descendants of one or more of the apical ancestors and who are recognised as holding native title in relation to the claim area under the traditional laws and customs referred to at [9A].
[8]The claim group members are descended from the apical ancestors being:
(a) Charlie McAvoy of Logan Downs
(b) Liz McEvoy of Alpha
(c) Jimmy Flourbag
(d) Billy and Lucy (parents of Jimmy Tarpot, Mary Ann Alboro and Marry Ellen)
(e) Dan Dunrobin (also known as Dunrobin, Christopher Dunrobin and Dan Robin)
(f) Mary of Clermont (also known as Mary Johnson)
(g) Frank Fisher Sr. of Clermont
(h) The mother of Jack (Girrabah) Malone and Jim (Conee) Malone.
[9A] Under the traditional laws and customs acknowledged by the claim group:
(a) surnamed family groups are a primary idiom for mutual recognition between claimants, as stated in JER proposition 5;
(b) the holding of rights is based on a broad form of descent reckoning and includes a degree of optation based on people’s histories of consociation with particular relatives, as stated in JER proposition 9;
(c) the effect of (a) and (b) is that membership of the native title holding group is based on descent and on a person identifying with the country of the claim area and being accepted by others as being of and from the country of the claim area.
(“JER proposition” refers to the joint anthropological experts’ report filed on 27 September 2018)
Appeared in the Courier Mail dated March 7, 2020
Some notes
Dan Dunrobin is mentioned in the Royal Commission into Aboriginal Deaths in Custody Report of the Inquiry into the Death of Gregory Michael Dunrobin available here
Dan Dunrobin died 23.10.1938 at Cherbourg aged c50 years
Dan Dunrobin born c1920 at Clermont parents Dunrobin and Lizzy Dunrobin
Bob Dunrobin born c1924 at Clermont parents Dunrobin and Lizzy Dunrobin
Lizzie Dunrobin, Dan Dunrobin, child, Bob Dunrobin, child removed to Barambah in 1924
Jimmy Flourbag died on 22.10.1938 at Cherbourg
Lenny Malone, born 1907, married 6. 3.1928 Cherbourg, father is Jack Malone and mother is Eliza Quentin (born c1888, parents Albert Quentin (European) and Jenny (Full Blood))
Jessie McEvoy. born 1906 Clermont, died 4. 3.1940 Cherbourg, married 6. 3.1928 Cherbourg, father is unknown and mother is Polly McEvoy
Jack Malone , Native Name Girribah , male aged 31 yrs, Native of Jericho Class Woongoo
Jim Malone , Native Name Conee , male aged 47 yrs, Native of Jericho, Class Woongoo
At Durundur in 1903
The native title claim group comprises the descendants of one or more of the following people:
1. Billy and Lucy (parents of Jimmy Tarpot, Mary Ann Alboro and Mary Ellen)
2. Dan Dunrobin (also known as Dunrobin, Christopher Dunrobin and Dan Robin)
3. Frank Fisher (Snr) of Clermont
4. Jimmy Flourbag
5. Charlie McAvoy of Logan Downs
6. Liz McEvoy of Alpha
7. The Mother of Jack (Girrabah) Malone and Jim (Conee) Malone
8. Mary of Clermont (also known as Mary Johnson)
The purpose of the meeting is for the claim group:
(1) To authorise the applicant to deal with the application in the manner set out in the third further amended statement of claim filed on 12 February 2020 which includes the amendments dealing with the description of the claim group referred to below.
(2) To authorise the applicant to seek any necessary amendment to the claimant application dealing with the description of the claim group to the same effect as the claim group description in the statement of claim.
[7]The relevant parts of the statement of claim dealing with the claim group description read as follows:
The claim group comprises the descendants of one or more of the apical ancestors and who are recognised as holding native title in relation to the claim area under the traditional laws and customs referred to at [9A].
[8]The claim group members are descended from the apical ancestors being:
(a) Charlie McAvoy of Logan Downs
(b) Liz McEvoy of Alpha
(c) Jimmy Flourbag
(d) Billy and Lucy (parents of Jimmy Tarpot, Mary Ann Alboro and Marry Ellen)
(e) Dan Dunrobin (also known as Dunrobin, Christopher Dunrobin and Dan Robin)
(f) Mary of Clermont (also known as Mary Johnson)
(g) Frank Fisher Sr. of Clermont
(h) The mother of Jack (Girrabah) Malone and Jim (Conee) Malone.
[9A] Under the traditional laws and customs acknowledged by the claim group:
(a) surnamed family groups are a primary idiom for mutual recognition between claimants, as stated in JER proposition 5;
(b) the holding of rights is based on a broad form of descent reckoning and includes a degree of optation based on people’s histories of consociation with particular relatives, as stated in JER proposition 9;
(c) the effect of (a) and (b) is that membership of the native title holding group is based on descent and on a person identifying with the country of the claim area and being accepted by others as being of and from the country of the claim area.
(“JER proposition” refers to the joint anthropological experts’ report filed on 27 September 2018)
Appeared in the Courier Mail dated March 7, 2020
Some notes
Dan Dunrobin is mentioned in the Royal Commission into Aboriginal Deaths in Custody Report of the Inquiry into the Death of Gregory Michael Dunrobin available here
Dan Dunrobin died 23.10.1938 at Cherbourg aged c50 years
Dan Dunrobin born c1920 at Clermont parents Dunrobin and Lizzy Dunrobin
Bob Dunrobin born c1924 at Clermont parents Dunrobin and Lizzy Dunrobin
Lizzie Dunrobin, Dan Dunrobin, child, Bob Dunrobin, child removed to Barambah in 1924
Jimmy Flourbag died on 22.10.1938 at Cherbourg
Lenny Malone, born 1907, married 6. 3.1928 Cherbourg, father is Jack Malone and mother is Eliza Quentin (born c1888, parents Albert Quentin (European) and Jenny (Full Blood))
Jessie McEvoy. born 1906 Clermont, died 4. 3.1940 Cherbourg, married 6. 3.1928 Cherbourg, father is unknown and mother is Polly McEvoy
Jack Malone , Native Name Girribah , male aged 31 yrs, Native of Jericho Class Woongoo
Jim Malone , Native Name Conee , male aged 47 yrs, Native of Jericho, Class Woongoo
At Durundur in 1903
Wednesday, 29 January 2020
Danggan Balun (Five Rivers) People Native Authorisation Meetings
The claim area is roughly bounded by Beenleigh, Jimboomba, Boonah, Rathdowney, Springbrook, Burleigh and the Queensland Coast.
The native title claim group for the Application is currently described as those persons who are descendants of the following Apical Ancestors and who identify and are recognised under the traditional laws and customs of the native title claim group as Danggan Balun (Five Rivers):
1 Sarah Warri/Warru Clarke;
2 George Daramlee Drumley;
3 Jack Slab/Slabb Snr (husband of Lizzie Waggil Slabb & father of Charlotte, Frank, John/Jack Jnr, Olive & Victor);
4 Kitty Blow (wife of Joseph Blow & mother of Frank Blow & Hughie Blow);
5 Jackey Jackey aka Bilin Bilin aka Bilin aka John “Johnny” Logan (father of Emily Logan & Johnny Logan);
6 Kipper Tommy Andrews (father of Lizzie Malay (nee Tommie);
7 Julia Sandy (wife of Arthur Ford);
8 Billy Terribah/Didiba Andrews (father of Elizabeth “Lizzie” Boyd (nee Andrews);
9 Mary Ann Mitchell (mother of Mary Ann Drumley (nee Sandy), Ida Bell (nee Sandy), Norman Sandy Snr & Lindsay “Billy” Sandy);
10 Unnamed mother of Matilda “Mittie” Fogarty (nee Sandy) and Lizzie (mother of William “Billy” Brown);
11 Alice Edwards (nee Coolwell) (mother of Jack Jnr, Florence, Minnie, Eva, Eileen, Maud, Catherine, Evelyn & Julia);
12 Coolum (husband of Nancy Culham (nee Coolwell) & father of Joseph “Joe”, Maude, Lucy & Lena);
13. Unnamed mother of Nancy Culham (nee Coolwell) (wife of Coolum & mother of Joseph “Joe”, Maude, Lucy & Lena);
14 Yarry (father of Frederick “Fred” Yarrie/Yarry);
15 Joseph Coolwell (husband of Polly Allen/Dalton & father of Alfred, Eva, Edward, Rose, Campbell, Michael & Andrew);
16 Polly Allen/Dalton (wife of Joseph Coolwell & mother of Eva, Edward, Rose, Campbell, Michael & Andrew);
17 Elizabeth Wheeler/Tomes;
18 Jim Edwards Snr (husband of Topsy (of Ipswich) & father of Jimmy Edwards Jnr);
19. William Williams (Snr.)
The purpose of Authorisation Meeting #1 is to consider, following provision of anthropological and legal advice, authorising to amend the native title claim group description as follows: Those persons who are descendants of the following apical ancestors and who identify and are recognised under the traditional laws and customs of the native title claim group as being affiliated (including by adoption) to country within the Application area:
1 Sarah Warri/Warru Clarke;
2 George Daramlee Drumley;
3 Jack Slab/Slabb Snr (husband of Lizzie Waggil Slabb & father of Charlotte, Frank, John/Jack Jnr, Olive & Victor);
4 Kitty Blow (wife of Joseph Blow & mother of Frank Blow & Hughie Blow);
5 Bilin Bilin aka Bilinba Jackey aka Jackey Jackey aka John “Johnny” Logan (father of Emily Logan & Johnny Logan);
6 Kipper Tommy Andrews (father of Lizzie Malay (nee Tommie));
7 Billy Terribah/Didiba Andrews;
8 Julia Sandy (wife of Arthur Ford);
9 Kitty Sandy, the mother of Arthur Ford;
10 Mary Ann Sandy nee Mitchell (mother of Mary Ann Drumley (nee Sandy), Ida Bell (nee Sandy), Norman Sandy Snr & Lindsay Sandy);
11 William “Billy” Mitchell and his wife, Lizzie Sandy;
12 Unnamed mother of Matilda “Mittie” Fogarty (nee Sandy) and Lizzie (mother of William “Billy” Stanley Brown Jnr);
13 Coolum (husband of Nancy Culham (nee Coolwell) & father of Joseph “Joe”, Maude, Lucy & Lena);
14 Unnamed mother of Nancy Culham (nee Coolwell) (wife of Coolum & mother of Joseph “Joe”, Maude, Lucy & Lena);
15 Yarry (father of Frederick “Fred” Yarrie/Yarry);
16 Jennie, mother of Joseph Coolwell (husband of Polly Allen/Dalton & father of Alice Edwards (nee Coolwell), Alfred Coolwell Jnr, Eva, Edward, Rose, Campbell, Michael & Andrew);
17 Polly Allen/Dalton (wife of Joseph Coolwell & mother of Eva, Edward, Rose, Campbell, Michael & Andrew);
18 Unnamed mother of Elizabeth Tomes/ Clarke nee Wheeler;
19 Jim Edwards Snr (husband of Topsy (of Ipswich) & father of Jimmy Edwards Jnr);
20 William Williams (Snr);
21 Bullum Bullum aka John Allen;
22 Alice/Alison Parsons nee Moree, mother of Thomas Parsons;
23. John Sandy aka Bungaree/Bungary (husband of Mary Ann Sandy nee Mitchell, and father of Norman Sandy Snr, Lindsay Sandy and Stella Bungera/Bungary).
Hereafter referred to as the newly described native title claim group.
The purpose of Authorisation Meeting #2 is to consider, following the provision of information and legal advice, authorising the following:
(a) Authorise terms and conditions of appointment of the Applicant;
(b) Authorise an Applicant in accordance with section 66B of the Native Title Act 1993 (Cth) (NTA);
(c) Authorise the Applicant to make an application under section 66B of the NTA to replace the current Applicant;
(d) Authorise changing the name of the Application from ‘Danggan Balun (Five Rivers) People’ to ‘Danggan Balun People’;
(e) Authorise QSNTS to provide assistance and legal representation to the newly described native title claim group in relation to the Application, including in relation to future acts and cultural heritage.
Appeared in the Koori Mail of January 29, 2020
Friday, 15 November 2019
Wakka Wakka People #3 and #4 Native Title Meeting
The Wakka Wakka People #3 and the Wakka Wakka People #4 native title claim groups (‘The Wakka Wakka People’) are currently described as the Aboriginal people whose members identify as Wakka Wakka People, who are descended from the following ancestors:
Jenny and David Carlo (parents of Princess Carlo)
Minnie Bly (mother of Thomas Simpson), Ethel and Bill Button
Mother of Maggie Hart (Grandmother of Crabbie Chapman and Henry Hart)
Mother of Willie Boy Pickering
King Billy and Maria of Boondooma (parents of Tommy Dodd of Taabinga)
Maggie West
Kitty of Boonara
MiMi
Kitty (mother of Jack Bulong)
John Bond
Kitty (mother of Jenny Lind), Jenny Lind and Mick Buck
Boubijan Cobbo
Stockman Bligh and Aggie Bligh
Tommy (aka Boondoon) and Maggie (parents of Willie Bone), Billy McKenzie (father of Chlorine McKenzie), Chlorine McKenzie
Kate/Katie/Kitty Law
Emily of Degilbo, mother of Annie
Taabinga Harry
Nellie, mother of Elsie Fitzgerald/Edwards.
The purpose of one of the Authorisation Meetings is to authorise amendments to each of the Wakka Wakka People #3 and Wakka Wakka People #4 native title claims (‘the Native Title Claims’) by replacing all of the wording at Schedules A to the native title application Forms 1 (the description of the native title claim group) for each native title claim with the following wording:
The Wakka Wakka People are the Aboriginal people who have a connection to the application area in accordance with their traditional laws acknowledged and traditional customs observed and are descendants of one or more of the following ancestors:
Jenny and David Carlo (parents of Princess Carlo);
Minnie Bly (mother of Thomas Simpson), Ethel and Bill Button;
Mother of Maggie Hart (Grandmother of Crabbie Chapman and Henry Hart);
Mother of Willie Boy Pickering;
King Billy and Maria of Boondooma (parents of Tommy Dodd of Taabinga);
Maggie West;
Kitty of Boonara;
MiMi;
Kitty (mother of Jack Bulong);
John Bond;
Kitty (mother of Jenny Lind), Jenny Lind and Mick Buck;
Boubijan Cobbo;
Stockman Bligh and Aggie Bligh;
Tommy (aka Boondoon) and Maggie (parents of Willie Bone), Billy McKenzie (father of Chlorine McKenzie), Chlorine McKenzie;
Kate/Katie/Kitty Law;
Emily of Degilbo, mother of Annie;
Taabinga Harry;
Nellie, mother of Elsie Fitzgerald/Edwards
Recruitment by being ‘grown up’ is an aspect of the traditional laws and customs acknowledged and observed by the Wakka Wakka People with respect to claim group membership. Such incidents only arise in particular circumstances involving very young children whom, out of necessity, are taken in by or left in the care of a relative or someone without a biological relationship. Accordingly, the term “descendants” for the purpose of the native title holders description above is taken to include biological descendants and descendants that have been recruited into the group by being ‘grown up’ by a biological descendant.
Jenny and David Carlo (parents of Princess Carlo)
Minnie Bly (mother of Thomas Simpson), Ethel and Bill Button
Mother of Maggie Hart (Grandmother of Crabbie Chapman and Henry Hart)
Mother of Willie Boy Pickering
King Billy and Maria of Boondooma (parents of Tommy Dodd of Taabinga)
Maggie West
Kitty of Boonara
MiMi
Kitty (mother of Jack Bulong)
John Bond
Kitty (mother of Jenny Lind), Jenny Lind and Mick Buck
Boubijan Cobbo
Stockman Bligh and Aggie Bligh
Tommy (aka Boondoon) and Maggie (parents of Willie Bone), Billy McKenzie (father of Chlorine McKenzie), Chlorine McKenzie
Kate/Katie/Kitty Law
Emily of Degilbo, mother of Annie
Taabinga Harry
Nellie, mother of Elsie Fitzgerald/Edwards.
The purpose of one of the Authorisation Meetings is to authorise amendments to each of the Wakka Wakka People #3 and Wakka Wakka People #4 native title claims (‘the Native Title Claims’) by replacing all of the wording at Schedules A to the native title application Forms 1 (the description of the native title claim group) for each native title claim with the following wording:
The Wakka Wakka People are the Aboriginal people who have a connection to the application area in accordance with their traditional laws acknowledged and traditional customs observed and are descendants of one or more of the following ancestors:
Jenny and David Carlo (parents of Princess Carlo);
Minnie Bly (mother of Thomas Simpson), Ethel and Bill Button;
Mother of Maggie Hart (Grandmother of Crabbie Chapman and Henry Hart);
Mother of Willie Boy Pickering;
King Billy and Maria of Boondooma (parents of Tommy Dodd of Taabinga);
Maggie West;
Kitty of Boonara;
MiMi;
Kitty (mother of Jack Bulong);
John Bond;
Kitty (mother of Jenny Lind), Jenny Lind and Mick Buck;
Boubijan Cobbo;
Stockman Bligh and Aggie Bligh;
Tommy (aka Boondoon) and Maggie (parents of Willie Bone), Billy McKenzie (father of Chlorine McKenzie), Chlorine McKenzie;
Kate/Katie/Kitty Law;
Emily of Degilbo, mother of Annie;
Taabinga Harry;
Nellie, mother of Elsie Fitzgerald/Edwards
Recruitment by being ‘grown up’ is an aspect of the traditional laws and customs acknowledged and observed by the Wakka Wakka People with respect to claim group membership. Such incidents only arise in particular circumstances involving very young children whom, out of necessity, are taken in by or left in the care of a relative or someone without a biological relationship. Accordingly, the term “descendants” for the purpose of the native title holders description above is taken to include biological descendants and descendants that have been recruited into the group by being ‘grown up’ by a biological descendant.
Subscribe to:
Posts (Atom)