Turrbal People v State of Queensland [2008] FCA 316

FEDERAL COURT OF AUSTRALIA

Turrbal People v State of Queensland [2008] FCA 316

NATIVE TITLE – notice of motion seeking to replace applicant in proceedings – whether applicant should be replaced – whether entire relevant claim group has been included – whether applicant was authorised to make original native title application – where section 66B of the Native Title Act applies – where determination of "proper" claimant group not properly a subject for determination – where section 66B of the Native Title Act assumes the applicant had authority to bring the claim – where determination of authorisation should more properly be determined in a strike out application under section 84C of the Native Title Act – where if applicant had authority to make original application the applicant had authority to change the applicant – where leave granted to change applicant

Native Title Act 1993 (Cth) ss 61(1), 66B, 84C, 251B Native Title (Technical Amendments) Act 2007 (Cth)

Bodney v Bropho [2004] FCAFC 226 followed Bodney v State of Western Australia [2003] FCA 890 considered Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31 considered Williams v Grant [2004] FCAFC 178 followed

CONNIE ISAACS ON BEHALF OF THE TURRBAL PEOPLE v STATE OF QUEENSLAND, COMMONWEALTH OF AUSTRALIA, BRISBANE CITY COUNCIL, COUNCIL OF THE SHIRE OF PINE RIVERS, LOGAN CITY COUNCIL, PORT OF BRISBANE CORPORATION, REDLAND SHIRE COUNCIL, MICHAEL BROWN, IAN DELANEY, FAIRA ABORIGINAL CORPORATION, DARREN ISAACS, DESMOND ISAACS, ERVYN ISAACS, GLEN ISAACS, NEVILLE ISAACS (JNR), NEVILLE ISAACS (SNR), STELLA ISAACS, MUSGRAVE PARK CULTURAL CENTRE INC, QUANDAMOOKA LAND COUNCIL ABORIGINAL CORPORATION, TELSTRA CORPORATION LIMITED, MOONIE PIPELINE COMPANY PTY LTD, LUKE BEETHAM, JEFFREY HIRCOCK, GARRY MURPHY OF QUEENSLAND SEAFOOD INDUSTRY ASSOCIATION INC AND QUEENSLAND LAPIDARY AND ALLIED CRAFT CLUBS ASSOCIATION QUD 6196 OF 1998