White J
In this matter, White J determined that Kevin John Kingston, a respondent to the native title claim brought on behalf of the Mambali Amaling-Gan, Murungun Igalumba, Murungun Milgawirri, Budal Yuwaran and Guyal Bardi Bardi Dumnyun-Ngatanyana Estate Group, was not a member of that claim group. The application over the Nutwood Downs pastoral lease in the Northern Territory was filed in November 2013 on behalf of the ‘the Primary Native Title Holders’ – members who descend from one or more of five estate groups of the Alawa people - and the ‘other Native Title Holders’ – other Aboriginal people who have rights and interests in respect of the determination area. The applicant for native title disputes Mr Kingston’s claim that he is a member of an estate group. The respondents are the Northern Territory Government, Minerals Australia Pty Ltd, Lexcray Pty Ltd, and Mr Kingston. White J held that Mr Kingston was not a member of the claim group and ordered that Mr Kingston cease to be a respondent to the proceeding.
White J relied upon the evidence provided by Ms English, an anthropologist who has researched and worked extensively with the Alawa people, in finding that membership of the claim group could be established either through descent from an apical ancestor, adoption, succession or concept affiliation. White J held that on the evidence, Mr Kingston could not establish his membership through any of these means. Alternatively, White J considered whether Mr Kingston could be a member of the native title group as an ‘other Native Title Holder’, however Mr Kingston did not claim to be a member of that group, nor did the evidence support such a conclusion. While White J recognised that Mr Kingston felt a connection to Nutwood Downs and that some of the Alawa people welcomed him as ‘family’, his Honour held at [82] that ‘more than such an acceptance would be required in order for Mr Kingston to be a member of an estate group in accordance with the laws and customs of the Alawa People’.