Deeral, Erica (On Behalf of Herself & the Gamaay Peoples) & Ors v Charlie, Gordon & Ors [1998] FCA 723

FEDERAL COURT OF AUSTRALIA

Native Title - determination that native title held by common law holders - application to extend time for nominations of prescribed body corporate under s 57(2)(a) - whether failure to comply with legislative requirements results in invalidity - whether extension should be granted. Native Title Act 1993 - s 57

Project Blue Sky v ABA (1998) 153 ALR 490 - foll. ERICA DEERAL (ON BEHALF OF HERSELF AND THE GAMAAY PEOPLES) & ORS v GORDON CHARLIE & ORS QG 174 OF 1997 JUDGE: BEAUMONT J. PLACE: CAIRNS DATE: 1 JUNE 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 174 of 1997

BETWEEN: ERICA DEERAL (ON BEHALF OF HERSELF AND THE GAMAAY PEOPLES), PHILLIP BARU (ON BEHALF OF HIMSELF AND THE DINGAAL PEOPLES), BERTIE GORDON (ON BEHALF OF HIMSELF AND THE NUGAL PEOPLES), HERMAN BAMBIE (ON BEHALF OF HIMSELF AND THE THUUBI PEOPLES), BRIAN COBUS (ON BEHALF OF HIMSELF AND THE NGUURRUUMUNGU PEOPLES), WAYNE COATS (ON BEHALF OF HIMSELF AND THE DHARRPA PEOPLES), PAT WALLACE (ON BEHALF OF HIMSELF AND THE BINHTHI PEOPLES), EDDIE DEEMAL (ON BEHALF OF HIMSELF AND THE THIITHAARR PEOPLES), HECTOR MICHAEL (ON BEHALF OF HIMSELF AND THE THANIL PEOPLES), GEORGE ROSENDALE (ON BEHALF OF HIMSELF AND NGUYMBAARR NGUYMBAARR PEOPLES), TERRENCE JACKO (ON BEHALF OF HIMSELF AND THE NGAATHA PEOPLES), MARTIN JAMES (ON BEHALF OF HIMSELF AND THE GULAAL PEOPLES) JOINTLY, AND IN THEIR CAPACITIES AS REPRESENTATIVES OF THEIR RESPECTIVE CLANS; AND BERTIE GORDON, HERMAN BAMBIE, PAT WALLACE, EDDIE DEEMAL AND TERRENCE JACKO IN THEIR RESPECTIVE CAPACITIES JOINTLY ON BEHALF OF THE BUURNGA PEOPLES

Applicants

AND: GORDON CHARLIE

First respondent

STATE OF QUEENSLAND

Second respondent

HOPEVALE ABORIGINAL COUNCIL