Brooks on behalf of the Mamu People v State of Queensland (No 3) [2013] FCA 741

FEDERAL COURT OF AUSTRALIA

Brooks on behalf of the Mamu People v State of Queensland (No 3) [2013] FCA 741 Citation: Brooks on behalf of the Mamu People v State of Queensland (No 3) [2013] FCA 741

Parties: STEPHEN BROOKS, ALFRED JOYCE, VICTOR MAUND AND DEAN PURCELL ON BEHALF OF THE MAMU PEOPLE v STATE OF QUEENSLAND, CAIRNS REGIONAL COUNCIL, CASSOWARY COAST REGIONAL COUNCIL, TABLELANDS REGIONAL COUNCIL, ERGON ENERGY CORPORATION LIMITED and GREGORY LEIGH BINDER, WAYNE DOUGLAS BUIE, DAVID CARACCIOLO, JOHN COOK, MARIO CORICA, NEVILLE DAVIES, RON FORSTER, MARIE GIDDINS, ROBERT GIDDINS, BRIAN HART, STEVEN HOWE, LARRY JONES, NORBERT KUROWSKI, WILLIAM JAMES LANE, PETER JORG PAHLKE, STEPHEN PENSINI, MARK DAVID RYAN, MARTIN SCHENCKEL, MICHAEL JOHN SCHULZ, JOHN NICHOLAS TAIFALOS, MICHAEL J TAIFALOS, JAMES ARTHUR TODD, LORNA KIRI WELSFORD, IAN WHITEHOUSE AND BARRY WILSON

File number: QUD 6014 of 2001

Judge: DOWSETT J

Date of judgment: 31 July 2013

Catchwords: NATIVE TITLE – whether State is permitted under the Native Title Act 1993 (Cth) to withdraw consent to an agreement under s 87A – where held that Native Title Act does not permit withdrawal from such agreements absent particular circumstances – where held that State may make submissions as to why orders in terms of agreement should not be made. NATIVE TITLE – proposed consent determination – evidence of competing rights and interests in part of claim area – evaluation of competing claims to area. NATIVE TITLE – consent determination – whether s 87A of Native Title Act authorizes consent determination being made without a hearing.