Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Beattie on behalf of Western Wakka Wakka Peoples v State of Queensland [2007] FCA 596
NATIVE TITLE – whether native title application be struck out – whether application complies with s 61 of the Native Title Act – whether authorisation requirements met – composition of claim group – claim brought on behalf of families not larger group – where claim group different from to those identified as descendants – whether group a "society" observing society laws – where more than one claim group in area – whether application complies with s 62 of the Native Title Act – competence of affidavit – whether evidence of authorisation – whether area and boundaries identified – whether amendments sufficient to overcome non-compliance – whether delay to strike out – alternatively whether application be stayed or dismissed under O 35 r 2 – where non-compliance with orders and directions Native Title Act 1993 (Cth) ss 61, 62, 84C(1), 251B Federal Court Rules O 35A r 2 Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31 Cited Members of the Yorta Yorta Aboriginal Community v State of Victoria [2002] 214 CLR 422 Considered
ADRIAN BEATTIE, SANDRA BAUWENS, BILL HALL, PATRICIA HALL, MARGARET MCLEOD, JEAN SMITH, BRIAN TOBANE, NEVILLE TURBANE v STATE OF QUEENSLAND and ORS QUD 6004 OF 1999
KIEFEL J
27 APRIL 2007
ROCKHAMPTON (HEARD IN BRISBANE) IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 6004 OF 1999
BETWEEN: ADRIAN BEATTIE, SANDRA BAUWENS, BILL HALL, PATRICIA HALL, MARGARET MCLEOD, JEAN SMITH, BRIAN TOBANE, NEVILLE TURBANE
Applicants
AND: STATE OF QUEENSLAND and ORS
Respondents
JUDGE: KIEFEL J
DATE OF ORDER: 27 APRIL 2007
WHERE MADE: ROCKHAMPTON (HEARD IN BRISBANE)
THE COURT ORDERS THAT:
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