Wik and Wik Way Native Title Claim Group v State of Queensland [2012] FCA 1096

FEDERAL COURT OF AUSTRALIA

Wik and Wik Way Native Title Claim Group v State of Queensland [2012] FCA 1096 Citation: Wik and Wik Way Native Title Claim Group v State of Queensland [2012] FCA 1096

Parties: ANTHONY KERINDUN, VICTOR LAWRENCE, HOGAN SHORTJOE AND SILAS WOLMBY ON THEIR OWN BEHALF AND FOR AND ON BEHALF OF THE WIK AND WIK WAY NATIVE TITLE CLAIM GROUP v STATE OF QUEENSLAND, COOK SHIRE COUNCIL, TELSTRA CORPORATION LIMITED, AUSTRALIAN WILDLIFE CONSERVANCY, THE TONY AND LISETTE LEWIS SETTLEMENT PTY LIMITED, JOHN ERNEST LYNCH, CAMERON STUART MACLEAN, MICHELLE MARGARET MACLEAN, CAMERON CLIVE QUARTERMAINE and DOREEN RUTH QUARTERMAINE

File number: QUD 6001 of 1998

Judge: GREENWOOD J

Date of judgment: 11 October 2012

Catchwords: NATIVE TITLE – consideration of a consent determination of the subsistence of native title rights and interests in the Wik and Wik Way Peoples in lands and waters of the western and inland areas of Cape York Peninsula – consideration of the history of the sequence of claims by the Wik and Wik Way Peoples commencing with the filing of the common law claim on 30 June 1993 in reliance upon the principles established in Mabo v Queensland (No. 2) (1992) 175 CLR 1 and the subsequent filing of a claim under the Native Title Act 1993 (Cth) – consideration of the early questions considered by the High Court in relation to impairment and extinguishment of native title rights in the context of the grant of pastoral leases – consideration of the successive determinations of native title made by the Federal Court of Australia