Combined Dulabed & Malanbarra/Yidinji Peoples v State of Queensland [2004] FCA 1097

FEDERAL COURT OF AUSTRALIA

Combined Dulabed & Malanbarra/Yidinji Peoples v State of Queensland [2004] FCA 1097 NATIVE TITLE – notice of motion – previous notice of motion brought by same person – previous notice of motion dismissed – applicant on motion dissatisfied with anthropological report – whether estoppel by judgment based on the doctrines of res judicata and issue estoppel apply – whether there is a power to join dissentient member of native title group as a party – orders sought against North Queensland Land Council, a non-party to the proceedings – order for costs to be paid forthwith pursuant to O 62 r 3(3) of the Federal Court Rules

Native Title Act 1993 (Cth) s 61(2), s 84(5) Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court Rules O 62 r 3

Blair v Curran (1939) 62 CLR 464 referred to Carl Zeiss Stiftung v Rayner & Keeler Ltd [1967] 1 AC 853 cited Jackson v Goldsmith (1950) 81 CLR 446 referred to Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 cited Wong v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 722 referred to Kulkalgal People v State of Queensland [2003] FCA 163 doubted Bidjara People #2 v State of Queensland [2003] FCA 324 approved Adnyamathanha People No 1 v The State of South Australia [2003] FCA 1377 referred to Brasington v Overton Investments Pty Ltd [2001] FCA 571considered Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 referred to COMBINED DULABED AND MALANBARRA/YIDINJI PEOPLES v STATE OF QUEENSLAND & OTHERS No Q 6012 of 2001 SPENDER J BRISBANE 25 AUGUST 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 6012 OF 2001

BETWEEN: COMBINED DULABED AND MALANBARRA/YIDINJI PEOPLES

APPLICANT

AND: STATE OF QUEENSLAND & OTHERS

RESPONDENTS