Sandy on behalf of the Yugara/Yugarapul People v State of Queensland [2012] FCA 978

FEDERAL COURT OF AUSTRALIA

Sandy on behalf of the Yugara/Yugarapul People v State of Queensland [2012] FCA 978 Citation: Sandy on behalf of the Yugara/Yugarapul People v State of Queensland [2012] FCA 978

Parties: DESMOND SANDY AND OTHERS ON BEHALF OF THE YUGARA/YUGARAPUL PEOPLE v STATE OF QUEENSLAND AND OTHERS

File number: QUD 586 of 2011

Judge: REEVES J

Date of judgment: 6 September 2012

Corrigendum: 13 September 2012

Catchwords: NATIVE TITLE – authorisation of native title determination applicants – application for order pursuant to s 84D(4)(b) Native Title Act 1993 (Cth) that a party conduct a fresh authorisation process to make a native title determination application or compensation application – consideration of adequacy of steps taken to notify all members of the native title claim group of authorisation meeting – consideration of the "practical approach" required in the absence of a prescribed authorisation process – consideration of purpose of s 84D Native Title Act 1993 (Cth) in cases where s 61 is not strictly complied with

Legislation: Federal Court of Australia Act 1976 (Cth) Native Title Act 1993 (Cth)

Cases cited: Akiba v Queensland (2010) 270 ALR 564; [2010] FCA 643 Ashwin on behalf of the Wutha People v Western Australia (No 2) (2010) 191 FCR 549; [2010] FCA 1472 Boulton on behalf of the Southern Noongar Families v Western Australia [2004] FCA 760 Coyne v State of Western Australia [2009] FCA 533 Daniels v Western Australia (2002) 194 ALR 278; [2002] FCA 1147 Harrington-Smith on behalf of the Wongatha People v Western Australia (No 9) (2007) 238 ALR 1; [2007] FCA 31 Isaacs on behalf of the Turrbal People v State of Queensland (No 2) [2011] FCA 942 Lawson on behalf of the 'Pooncarie' Barkandji (Paakantyi) People v Minister for Land and Water Conservation for the State of New South Wales [2002] FCA 1517 P.C on behalf of the Njamal People v State of Western Australia [2007] FCA 1054