Re-imagining Milirrpum v Nabalco in Werner Herzogs Where the Green Ants Dream

Abstract

In 1983, the German filmmaker Werner Herzog realised a decade-long ambition to create a film thematising the struggles of Aboriginal groups against mining companies operating in northern Australia. Where the Green Ants Dream (WGAD), was reviled by Australian pundits and also disappointed international critics. However, it raises important issues, not only about the creative appropriation of Aboriginal mythology, but also about the representation of Aboriginality and the struggle for Aboriginal land rights. This article reveals how Herzog relied heavily upon Milirrpum v Nabalco [1971] 17 FLR 141 in writing his film script. In doing so, he came up with a hybrid tenuously situated between documentary and feature film. What complicated this strategy was the fact that Herzog––whose unorthodox style often involves casting non-professional actors in important roles––also cast Wandjuk and Roy Marika, who had both been witnesses in Milirrpum v Nabalco, in lead roles. They were ultimately uncomfortable with reperforming a court-room sequence in which they had once participated in earnest. This article analyses Herzog’s mix of documentary and fiction, examines the reception of WGAD––both by white Australian critics and by Aboriginal Australians involved with the film––and argues that, while the film may be flawed, it is valuable because it threw (and continues to throw) disquieting yet important issues into perspective.