8.14
Marilyn Pickalla Campbell, NSW
Marilyn Pickalla Campbell is a South Coast woman from NSW, who has
traditional connections through her Pickalla family in the Aragunuu
to the Mystery Bay area. Marilyn’s father is a Djiringanj Yuin man from
Wallaga Lake, and her mother’s family is from the Lake Tyres area in
Victoria.
Marilyn had previously been involved in a long-running native title claim
and at the time of publication was still involved in a native title claim.
In her interview, Marilyn described when she was young, sitting around ‘in the background,
listening to my Elders’ as they fought for their land and told stories.
… watching our Elders stand up and fight for something that they believed in, I think that’s
what made me the person that I am today. And watching their struggle, and how they
carried themselves, and who was the head speaker.
At the time of her interview, Marilyn was involved in opposing an application by the Local
Aboriginal Land Council (LALC) for a declaration that there was no native title over an area
known as Isabel Street. The land council had acquired the Isabel Street land under the Land
Rights Act 1983 (NSW) (LRA NSW) and wanted to be able to sell or develop Isabel Street.
Under the LRA NSW, for a LALC to divest or develop land they require a declaration that there
are no native title interests in the area.
Marilyn lives on Isabel Street and has a traditional connection to that area as a source of
traditional food and medicine, and as an area where her family used to camp. Marilyn feels
there is a native title interest in the area and opposed its development.
In March 2020, during the COVID-associated restrictions, Marilyn gave evidence to the Federal
Court via Zoom regarding the application for a determination that no native title exists over
Isabel Street. The transcript was made available to my team as an illustration of how gruelling
the process of giving evidence can be for First Nations individuals – made even more difficult
using Zoom.
The transcript suggests that the applicant’s lawyer attempted to undermine the credibility of
Marilyn’s evidence that there are native title interests over Isabel Street, using her previous
evidence in a native title case from 17 years prior. During Marilyn’s cross-examination, it was
implied that the lack of mention of Isabel Street in Marilyn’s affidavit from that time shows that
Marilyn did not actually consider the area to be of significant cultural value, compared to other
places that she spoke of in that affidavit.
The applicant’s lawyer also used the fact that Marilyn was not asked to give oral evidence in
the earlier native title claim – the Djiringanj claim – as an indication that she is not considered
by her community to hold particular knowledge.
Marilyn specifically said in the cross-examination that she did not want to answer some
questions because she ‘does not speak for other families’ as to who is and is not a knowledgeholder in their families. In response to this, the applicant’s lawyer suggested that Marilyn was
not answering because she did not want to admit that traditional knowledge-holders from
other families were supporting the plan to develop Isabel Street.
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Women in Native Title: Native Title Report 2024