Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gudjala People #2 v Native Title Registrar [2007] FCA 1167
NATIVE TITLE – application for review of a decision by the Native Title Registrar not to register an application – no breach of procedural fairness based on a failure of the Delegate to follow an earlier registration decision – factual basis of the claim – irrelevant considerations – no error of law – consideration of the principles expressed in Yorta Yorta – identification of the claim group – factual basis for claimed Native Title – traditional laws and customs – traditional physical connection
Native Title Act 1993 (Cth) ss 23F, 61, 61A, 62, 63, 82, 190, 190A, 190B, 190C, 190D, 223, 238
Attorney-General (New South Wales) v Quin (1989-1990) 170 CLR 1 followed Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422followed Northern Territory of Australia v Doepel [2003] FCA 1384 cited
GUDJALA PEOPLE #2 (DAVID ALLIE, ROE HERO, WILLIAM SANTO, GAVIN ALLINGHAM, ALLAN HUEN, GLORIA SANTO) v NATIVE TITLE REGISTRAR AND AUTHORISED DELEGATE AND STATE OF QUEENSLAND QUD 485 OF 2006
DOWSETT J
7 AUGUST 2007
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 485 OF 2006
BETWEEN: GUDJALA PEOPLE #2 (DAVID ALLIE, ROE HERO, WILLIAM SANTO, GAVIN ALLINGHAM, ALLAN HUEN, GLORIA SANTO)
Applicants
AND: NATIVE TITLE REGISTRAR AND AUTHORISED DELEGATE
First Respondent
STATE OF QUEENSLAND
Second Respondent
JUDGE: DOWSETT J DATE OF ORDER: 7 AUGUST 2007
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. the application be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 485 OF 2006
BETWEEN: GUDJALA PEOPLE #2 (DAVID ALLIE, ROE HERO, WILLIAM SANTO, GAVIN ALLINGHAM, ALLAN HUEN, GLORIA SANTO)
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