Dempsey on behalf of the Bularnu, Waluwarra and Wangkayujuru People v State of Queensland (No 2) [2014] FCA 528

FEDERAL COURT OF AUSTRALIA

Dempsey on behalf of the Bularnu, Waluwarra and Wangkayujuru People v State of Queensland (No 2) [2014] FCA 528 Citation: Dempsey on behalf of the Bularnu, Waluwarra and Wangkayujuru People v State of Queensland (No 2) [2014] FCA 528

Parties: ELIZABETH DEMPSEY, MARLENE SPEECHLEY, CHARLES PAGE, DAVID RILEY, MAVIS SAMARDIN and THELMA PARKER ON BEHALF OF THE BULARNU, WALUWARRA AND WANGKAYUJURU PEOPLE v STATE OF QUEENSLAND, MOUNT ISA CITY COUNCIL, BOULIA SHIRE COUNCIL, CLONCURRY SHIRE COUNCIL, SOUTHERN CROSS FERTILISERS FORMERLY WMC FERTILISERS PTY LTD, AUSTRALIAN AGRICULTURAL COMPANY PTY LTD, AA COMPANY PTY LTD, FRANK STIRLING BLACKET, RAHDA BLACKET, GAMBAMORA INDUSTRIES PTY LTD ACN 009 941 173, GEORGE BURTON HACON, CATHERINE LOUISE MCLOUGHLIN, JOHN KENNEDY MCLOUGHLIN, MDH PTY LTD ACN 010 114 468, VENLOCK PTY LTD, LORNA ELIZABETH BOGDANEK, HACON HOLDINGS PTY LTD, ROBERT JOHN MCCONACHY T/AS ASHOVER PASTORAL COMPANY and MOUNT ISA MINES LTD

File number: QUD 6115 of 1998

Judge: MORTIMER J

Date of judgment: 23 May 2014

Catchwords: NATIVE TITLE – Application for determination - rights to country said to pass by descent – application specifies apical ancestors – claim group comprises three peoples said to form one society – substantial agreement from respondents that determination in form sought is appropriate – one respondent disputes contention that Wangkayujuru people are part of same society as Bularnu and Waluwarra – one respondent contends for inclusion of another apical ancestor on any determination – evidence establishes that Bularnu, Waluwarra and Wangkayujuru form one society – insufficient evidence to find additional apical ancestor should be included – applicant entitled to determination in the form sought