However, the Ngunnawal people, represented by Aunty Roslyn Brown, have been granted the right to be called as the court's witness in upcoming civil proceedings.

Paul Girrawah House and other members of the Ngambri filed a claim against the ACT government's "one tribe policy" which states Ngunnawal people are the only traditional custodians.

On November 4, the case first appeared before the ACT Supreme Court as members of the United Ngunnawal Elders Council placed an application to join the ACT government as defendants against the case.

ACT Chief Justice Lucy McCallum gave lawyers two weeks to prepare their case and barrister Prue Bindon appeared on behalf of the Ngunnawal Elders and Ms Brown on Friday.

Ms Bindon applied for Ms Brown to join the case as a defendant, however also gave an alternative application for them to at least give evidence in the proceedings.

It was argued if the "one tribe policy" was declared as unlawful, it could have adverse effects on the Ngunnawal in their "sense of identity and culture" and could be perceived that their connection to land no longer was legitimate.

Ms Bindon also argued her clients being a part of the case as defendants would allow them to make submissions and be entitled to mediation solutions.

Barrister for the plaintiffs Brodie Buckland argued Ms Brown would have all those rights as the court's witness and the Ngunnawal Elders joining as defendants did not pass the legal test.

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As the protocol is not a legally binding document, Mr Buckland argued the crux of the case was about the Ngambri people's human rights being breached.

Mr Buckland did not oppose the second alternative for Ngunnawal Elders being heard and acknowledged the importance of that for these proceedings.

"The thrust of this case is to open up the tent for everyone to have equal right of representation," Mr Buckland said.

"It is not to delegitimise anything that's been done in the past. It's to start a new future."

Chief Justice McCallum agreed with Mr Buckland however wanted Ngunnawal people in the public gallery to know she was not ignoring their voice in an "exceptional case".

The Chief Justice posed the idea of a "yarning circle" for Ngambri and Ngunnawal people and their legal representatives.

"A respectful exchange of information, historical information, family information, perspectives, backgrounds, with view of each mob hearing from the other," Chief Justice McCallum said.

The colonialist structure was pointed out by Chief Justice McCallum as making this matter "to an extent our fault" and sees it as important the court takes some responsibility.

The Chief Justice confirmed Ms Brown would be called before as the court's own witness.

"I have foreshadowed with the parties and Ms Brown the possibility that part of the hearing may be conducted in a circle where all persons might participate in respectful discourse," Chief Justice McCallum said.

The matter will be listed for proceedings in February next year.

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