Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kearns on behalf of the Gunggari People #2 v State of Queensland [2012] FCA 651 Citation: Kearns on behalf of the Gunggari People #2 v State of Queensland [2012] FCA 651
Parties: KATHLEEN KEARNS, ERICA WALKER, BERNYS FAULKNER, BRADLEY SAUNDERS AND MARSHALL FOSTER ON BEHALF OF THE GUNGGARI PEOPLE #2 v STATE OF QUEENSLAND, BALONNE SHIRE COUNCIL, MARANOA REGIONAL COUNCIL, MURWEH SHIRE COUNCIL, ROSS MITCHELL, ERGON ENERGY CORPORATION LIMITED, TELSTRA CORPORATION LIMITED, DARRYL A ABRAHAM, THORA V UNOLD, DARCY GORDON CAVANOUGH, MCINNERNEY BROS GRAZING PTY LTD, D WALTER MCLEAN, ERIC PETER NOON, SUSANNE NOON, AARON B TILLER and JANE ALEXANDRA HANLY
File number: QUD 6027 of 2001
Judge: REEVES J
Date of judgment: 22 June 2012
Catchwords: NATIVE TITLE – application for determination of native title under s 87 of the Native Title Act 1993 (Cth) – consideration of whether the parties have satisfied the criteria set out in s 87 such that the jurisdiction of the Court is enlivened – consideration of whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties – the Court must be satisfied that the s 87 agreement is free and informed and that the terms of the proposed orders are unambiguous and clear
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