Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gudjala People #2 v Native Title Registrar [2009] FCA 1572
NATIVE TITLE – proceedings remitted from Full Court of the Federal Court of Australia – further consideration of the dismissal of an application for review of a decision of the Native Title Registrar not to register a claim – consideration of criteria for registration – insufficient factual basis to satisfy subss 190B(5)(b)-(c), 190B(6) and 190B(7) of the Native Title Act 1993 (Cth) – application dismissed WORDS AND PHRASES – "native title rights and interests", "traditional customs", "factual basis", "claim", "asserted" and "assertions" Native Title Act 1993 (Cth) ss 62, 66, 190A, 190B(4)-(7), 190C, 252 Strickland (on behalf of the Maduwongga People) v Native Title Registrar (1999) 168 ALR 242 considered Commonwealth of Australia v Clifton (2007) 164 FCR 355 considered Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422 applied De Rose v State of South Australia (2003) 133 FCR 325 distinguished Moses v State of Western Australia (2007) 160 FCR 148 explained Explanatory Memorandum Native Title Amendment Bill 1997 (Cth) 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
23 DECEMBER 2009
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION QUD 485 of 2006
BETWEEN: GUDJALA PEOPLE #2 (DAVID ALLIE, ROE HERO, WILLIAM SANTO, GAVIN ALLINGHAM, ALLAN HUEN, GLORIA SANTO)
Applicant
AND: NATIVE TITLE REGISTRAR AND AUTHORISED DELEGATE
First Respondent
STATE OF QUEENSLAND
Second Respondent
JUDGE: DOWSETT J
DATE OF ORDER: 23 DECEMBER 2009
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate