Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smallwood on behalf of the Juru People v State of Queensland [2014] FCA 331 Citation: Smallwood on behalf of the Juru People v State of Queensland [2014] FCA 331
Parties: MARGARET SMALLWOOD, TRACEY LAMPTON, LORETTA PRIOR, RAY GASTON, ANDREW MORRELL, JANET LYMBURNER, LENORA ALDRIDGE, ELSIE PRYOR LYMBURNER AND IRIS GLENBAR ON BEHALF OF THE JURU PEOPLE v STATE OF QUEENSLAND & ORS (ACCORDING TO THE SCHEDULE)
File number: QUD 554 of 2010
Judge: RARES J
Date of judgment: 3 March 2014
Catchwords: NATIVE TITLE – application under s 66B of Native Title Act 1993 (Cth) for order for replacement applicant whose members had been authorised by native title claim group – failure of one of nine nominated members authorised by reconstituted claim group or his or her named substitute to take up his or her nomination as a member of proposed replacement applicant – effect of failure of person authorised by resolution of claim group members to prepare affidavit in accordance with s 62 in support of application under s 66B – whether an order can be made under s 66B(2) where not all persons authorised to comprise a replacement applicant are ready, willing or able to support the application – conflicting decisions of single judges – unnecessary to resolve conflict NATIVE TITLE – principles of construction of authorisation resolutions for the purposes of s 251B of Native Title Act 1993 (Cth) Held: authorisation resolutions under s 251B of Native Title Act 1993 (Cth) be construed in the way an ordinary, reasonable person who was present at the claim group meeting and understood its laws and customs would understand the words used – appointment as member of applicant jointly under Act not ordinarily a personal appointment – where claim group's authorisation resolution did not evince an intention that particular persons be appointed personally – nomination of person by joint authorisation resolution was not a requirement that nominee undertake that role
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