Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Butchulla People v State of Queensland [2006] FCA 1063
NATIVE TITLE - whether authorisation for the current applicant's removal and replacement was given in accordance with s 251B - whether all members of the claim group need to be present at the meeting - necessity to establish that the removal and replacement is authorised by all persons in the native title claim group - whether claim group obliged to use a customary process of decision-making of a sub-group in a larger native title group or could adopt a contemporary process - whether the inability of one applicant to continue affects the authorisation of the other applicants Native Title Act 1993 (Cth), ss 61, 64(5), 66B(1), 190(4)(b), 251B, 253 Bolton on behalf of the Southern Noongar Families v State of Western Australia [2004] FCA 760 Distinguished Combined Gunggandji Claim v State of Queensland [2005] FCA 575 Cited Lawson on behalf of the 'Pooncarie' Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2002] FCAFC 1517 Cited Moran v Minister of Land and Water Conservation for New South Wales [1999] FCA 1637 Cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Cited Ward v Northern Territory of Australia [2002] FCA 1477 Cited BUTCHULLA PEOPLE v STATE OF QUEENSLAND & ORS QUD 6140 OF 1998
KIEFEL J
18 AUGUST 2006
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 6140 OF 1998
BETWEEN: BUTCHULLA PEOPLE
Applicant
AND: STATE OF QUEENSLAND
First Respondent
HERVEY BAY CITY COUNCIL
Second Respondent
MARYBOROUGH CITY COUNCIL
Third Respondent
TIARO SHIRE COUNCIL
Fourth Respondent
WOOCOO SHIRE COUNCIL
Fifth Respondent
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