Walmbaar Aboriginal Corporation v State of Queensland [2009] FCA 579

FEDERAL COURT OF AUSTRALIA

Walmbaar Aboriginal Corporation v State of Queensland [2009] FCA 579

NATIVE TITLE – consideration of an application by indigenous respondents to dismiss an application for a compensation determination filed by Walmbaar Aboriginal Corporation as registered native title body corporate for the purposes of the Hopevale determination, pursuant to s 50(2) of the Native Title Act 1993 (Cth) – consideration of the decision‑making process by which the prescribed body corporate reached a decision to institute proceedings under s 61(1) of the Act – consideration of the Rules of the Corporation, the provisions of the Native Title Act and Native Title (Prescribed Bodies Corporate) Regulations 1999 as the source of the Corporation's authority to commence the proceeding Native Title Act 1993 (Cth), ss 57(2), 57(3), 58, 61(1), 61(2), 84C, 84D(4)(b), 87(1), 251B(a) and (b), 227 Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth), Regulations 7 and 8 Aboriginal Councils and Associations Act 1976 (Cth) Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006 (Cth) Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)

Erica Deeral (on behalf of herself and the Gamaay Peoples) and others v Gordon Charlie and others [1997] FCA 1408 - cited Dingaal Tribe v State of Queensland and Ors [2003] FCA 999 - cited Gordon Charlie v Cape York Land Council [2006] FCA 1418 - cited Gordon Charlie v Cape York Land Council (No. 2) [2006] FCA 1683 - cited DPP v Webb [2000] NSWSC 859 - cited Jango and Ors v Northern Territory and Ors (2006) 152 FCR 150 - cited Jango v Northern Territory (2007) 159 FCR 531 - cited WALMBAAR ABORIGINAL CORPORATION v STATE OF QUEENSLAND & OTHERS

QUD469 of 2006

GREENWOOD J

29 may 2009