Doctor on behalf of the Bigambul People v State of Queensland [2010] FCA 1406

FEDERAL COURT OF AUSTRALIA

Doctor on behalf of the Bigambul People v State of Queensland [2010] FCA 1406 Citation: Doctor on behalf of the Bigambul People v State of Queensland [2010] FCA 1406

Parties: RUSSELL DOCTOR AND OTHERS ON BEHALF OF THE BIGAMBUL PEOPLE v STATE OF QUEENSLAND AND OTHERS

File number: QUD 101 of 2009

Judge: COLLIER J

Date of judgment: 15 December 2010

Catchwords: NATIVE TITLE – notice of motion to replace Applicant in application for determination of native title – s 66B Native Title Act 1993 (Cth) – authorisation meeting voted to replace Applicant – whether authorisation meeting properly conducted – whether will of authorisation meeting corrupted by activities of individuals wanting current applicant replaced – whether those in attendance at authorisation meeting were members of the claim group – whether those in attendance at the authorisation meeting were representative of the claim group – whether replacement applicant required to be representative of composition of claim group – whether replacement applicant was less representative than current applicant Held: order made to replace Applicant