In the 2006 Larrakia native title claim over Darwin, Judge Mansfield “consolidated” (joined as one claim) all the Larrakia native title claims.

Below are quotes from paragraphs 1 & 5 and 14 – 16 of Mansfield's 2006 judgment in the Larrakia native title claims (“William Risk, Helen Secretary & Pauline Baban on behalf of the Larrakia people and Kevin Lance Quall on behalf of the Danggalaba & Kulumbiringin people v Northern Territory of Australia and Darwin City Council and Amateur Fishermen’s Association of the Northern Territory & Others [2006] fca 404 Federal Court of Australia”).

Mansfield Paragraph 1: These proceedings, D6033 of 2001, are a consolidation of native title determination applications under the Native Title Act 1993 (Cth) (the NT Act), filed by three different groups of applicants in relation to land and waters in and around Darwin in the Northern Territory. The applications were filed between 1994 and 2001.

Mansfield Paragraph 5 continues …. “on 31 January 2005 the Court ordered that the Orders of a Registrar of the Court made 8 May 2001 be varied by the deletion of Order 2 and the insertion of the following in its place: “Pursuant to section 67 of the Native Title Act 1993 and Order 29 rule 5 of the Federal Court Rules: (I) Part A of application DG6017 of 1998; and (ii) Applications DG6007 of 1998, DG6010 of 1998, DG6011 of 1998, DG6012 of 1998, DG6013 of 1998, DG6014 of 1998, DG6015 of 1998, DG6018 of 1998, DG6019 of 1998, DG6022 of 1998, DG6026 of 1998, DG6029 of 1998, DG6040 of 1998, D6001 of 1999, D6007 of 1999, D6018 of 1999, D6007 of 2000, D6026 of 2001 to the extent that the areas subject to the applications described in the attached Consolidated Proceeding Claim Area List; be consolidated and the actions conducted as one (“the consolidated proceedings”). [Note DG6040 of 1998 is the Kulaluk native title claim, i.e. C0021 Lot 5182 Darwin - Kulaluk - DC97/3, DC96/7A, DC98/11, 6022/98, 6040/98 & C0314, Lot 8630, Nightcliff – Coconut Grove – Kulaluk – DC98/11, 6040/98].

Mansfield Paragraph 14: I have therefore reached the conclusion that the present society comprising the Larrakia people does not now have rights and interests possessed under the traditional laws acknowledged, and the traditional customs observed, by the Larrakia people at sovereignty. That is because I do not find that their current laws and customs are ‘traditional’ in the sense required by s 223(1) and as explained by the High Court in Yorta Yorta.

Mansfield Paragraph 15: The present laws and customs of the Larrakia people reflect a sincere and intense desire to re-establish those traditional laws and customs adapted to the modern context. They are the consequence of significant efforts on the part of many to achieve that result. It is an entirely proper objective. It is apparent that the process is enriching the lives of the Larrakia people, and of the Darwin community. That, however, is not a sufficient factual foundation for making a determination of native title rights and interests in this proceeding.

Mansfield Paragraph 16: In those circumstances, I must dismiss the application.

Darwin

13 April 2006

However, signing of an affidavit is a serious business. Although, as a “consolidated claim”, the Kulaluk native title claim may have been dismissed, the affidavits stand as a sworn statement of truth. Therefore, Helen Secretary appears to have admitted that the land held by the Gwalwa Daraniki Association is held on behalf of all Larrakia people descended from the 9 apical ancestors that she lists in her native title claim. BD 2017