Significant ruling on title

After 14 years, two justices and 26 adjournments since the original file was lodged, the Wanjina Wunggurr Dambimangari application for native title recognition was granted at a country sitting of the Federal Court by Justice John Gilmour on Thursday, May 26 at Cone Bay.

The solicitor for the claimant group, which included Donny Woolagoodja, Karen Umbagai, Joy Morlumbun, Heather Umbagai, Janet Oobagooma, Victor Barunga, Nelson Barunga, Ruby Mourda and Christopher Sessear, described country as “land and sea, reefs and islands” and called for “recognition of what has always been” over an area which takes in more than 27,932 sqkm of land and sea from King Sound to St Georges Basin, in the North West Kimberley.

The proceedings were an emotional time for all.

After making his determination, Justice Gilmour said it was a historic day for the Wanjina Wunggurr Dambinangari people.

“And it is a privilege and an honour for a Federal Court judge to preside over a sitting of the court on country and particularity in such a beautiful setting as Cone Bay,” he said.

“Today is a new beginning and I am confident that their leaders will work with State and Federal Governments to develop commercially and culturally for the benefit of their children and the broader Australian community.”

Members of the Mowanjum community near Derby, where the group had once been relocated to and where many still reside, travelled to Cone Bay by speedboat, helicopter and floatplane to witness and celebrate the long awaited event.

First at the bus stop before the break of dawn was one of the original applicants, Nelson Barunga, determined not to miss his ride to Derby airport and onto the seaplane, in order to stand beside his brother Victor and fellow claimants.

Dambimangari Aboriginal Corporation chairwoman Leah Umbagai said she was “jumping for joy”.