Wik and Wik Way Native Title Claim Group v State of Queensland [2009] FCA 789

FEDERAL COURT OF AUSTRALIA

Wik and Wik Way Native Title Claim Group v State of Queensland [2009] FCA 789

NATIVE TITLE – consideration of an application for orders supported by an agreement for a consent determination of native title rights and interests in the land and waters of the Determination Area – consideration of s 87 of the Native Title Act 1993 (Cth) – consideration of whether proposed orders appear "appropriate" to the Court and whether orders ought to be made as sought determining native title rights and interests in the Wik and Wik Way Peoples in land and waters broadly described as the land and waters on the western side of Cape York Peninsula landward of the high water mark at mean spring tide of the sea of the Gulf of Carpentaria, bounded to the north by the Embley River and to the south by the Edward River and extending in the east to the upper reaches of the watercourses that drain into the Gulf of Carpentaria

Native Title Act 1993 (Cth), ss 13, 61, 57, 87, 94A, 223, 225 Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth, Reg 4

Wik Peoples v State of Queensland[2000] FCA 1443 – cited Wik Peoples v State of Queensland [2004] FCA 1306 – cited Members of the Yorta Yorta Aboriginal Community v State of Victoria (2002) 214 CLR 422 - cited

Other Material "Native Title – A Constitutional Shift?", University of Melbourne Law School, JD Lecture Series, Chief Justice French, 24 March 2009

ANTHONY KERINDUN, JANINE CHEVATHUN AND ALISON WOOLLA AS THE APPLICANT ON THEIR OWN BEHALF AND FOR AND ON BEHALF OF THE MEMBERS OF THE WIK AND WIK WAY NATIVE TITLE CLAIM GROUP v STATE OF QUEENSLAND, RIO TINTO ALUMINIUM LIMITED (FORMERLY COMALCO ALUMINIUM LIMITED), PORTS CORPORATION OF QUEENSLAND, COOK SHIRE COUNCIL, ALBATROSS HIRE PTY LTD T/AS WEIPA HOUSEBOATS, A NUMBER OF COMMERCIAL FISHING AUTHORITY HOLDERS