Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland [2011] FCA 690

FEDERAL COURT OF AUSTRALIA

Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland [2011] FCA 690 Citation: Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland [2011] FCA 690

Parties: ELIZABETH DODD & ORS ON BEHALF OF THE GUDJALA PEOPLE CORE COUNTRY CLAIM #1 v STATE OF QUEENSLAND & ORS ELIZABETH DODD & ORS ON BEHALF OF THE GUDJALA PEOPLE CORE COUNTRY CLAIM #2 v STATE OF QUEENSLAND & ORS

File numbers: QUD 80 of 2005 QUD 147 of 2006

Judge: LOGAN J

Date of judgment: 17 June 2011

Catchwords: NATIVE TITLE – authorisation of claim group – where one of several persons authorised under s 251B of the Native Title Act 1993 (Cth) does not wish to remain as a member of the claim group – whether remaining authorised persons may apply to remove name of that member as a party – whether it is necessary under s 251B for native title claim group to authorise new persons to maintain and deal with matters arising in relation to application and for application under s 66B or O 6 r 9 of the Federal Court Rules (Cth) to replace applicant Held: (1) the authorisation has not been revoked (2) the authorisation was not conferred in terms of joint authority but was conferred on each person (3) s 66B of the Native Title Act (Cth) empowers the Court to grant the application sought as evidence has been provided that a member of a claim group is no longer willing to act in representative capacity – further amendment of the persons comprising the applicant was also authorised by O 6 r 9 of the Federal Court Rules (Cth)