Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sandy on behalf of the Yugara People v State of Queensland [2017] FCAFC 108 Appeal from: Sandy on behalf of the Yugara People v State of Queensland (No 3) [2015] FCA 210
File numbers: QUD 139 of 2015 QUD 1097 of 2015
Judges: REEVES, BARKER AND WHITE JJ
Date of judgment: 25 July 2017
Catchwords: NATIVE TITLE – appeals from consolidated native title determination proceedings of two overlapping claims – where a negative determination of native title was made – oral application to adduce further evidence on appeal – appellate review of discretionary decisions – procedural fairness – whether the judge erred by failing to provide sufficient time to respond to material and refusing to admit documents relating to anthropological reports – whether the judge erred in finding the appellants had failed to prove continuity of connection to the claim area – whether judge incorrectly emphasised habitation and presence of all apical ancestors in claim area at sovereignty – whether judge failed to give sufficient weight to compulsory removal policies – whether the judge erred in making a separate determination that native title does not exist in the claim area Held: appeals dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) Native Title Act 1993 (Cth) Federal Court Rules 2011 (Cth) Aborigines Protection and Restriction of the Sale of Opium Act 1897 (Qld)
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