Malone on behalf of the Clermont-Belyando Area Native Title Claim Group v State of Queensland [2023] FCAFC 190

Federal Court of Australia

Malone on behalf of the Clermont-Belyando Area Native Title Claim Group v State of Queensland [2023] FCAFC 190 Appeal from: Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) (No 5) [2021] FCA 1639

File number(s): QUD 46 of 2022

Judgment of: PERRY, SARAH C DERRINGTON and colvin jJ

Date of judgment: 12 December 2023

Catchwords: ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – native title – appeal from finding that native title did not exist – where appellant found unable to establish current claim group constituted a normative society united in and by a body of laws and customs unable to establish – whether trial judge misconceived or failed to properly consider evidence concerning the name of the claim group – whether trial judge misconceived the evidence relating to the membership rule, including adoption – whether trial judge erred in finding numerous changes to the claim over nearly two decades was "emblematic" of the absence of any normative society APPEAL AND NEW TRIAL – native title – appeal from finding that native title did not exists – where trial judge found changes to the claim over nearly two decades including as to the claim group's name, membership rule and composition of the group was "emblematic" of the absence of any normative society – whether trial judge's findings made in disregard of incontrovertible facts or uncontested testimony – whether findings glaringly improbable or contrary to compelling inferences

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Native Title Act 1993 (Cth) ss 61, 61(1), 67, 223(1), 225, 251B, 253(a)