Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wallace on behalf of the Boonthamurra People v State of Queensland [2014] FCA 901 Citation: Wallace on behalf of the Boonthamurra People v State of Queensland [2014] FCA 901
Parties: MARK WALLACE AND BARBARA OLSON ON BEHALF OF THE BOONTHAMURRA PEOPLE v STATE OF QUEENSLAND & ORS
File number: QUD 435 of 2006
Judge: MANSFIELD J
Date of judgment: 22 August 2014
Catchwords: NATIVE TITLE – whether the apical ancestors of the respondent groups were also apical ancestors of the native title claim group – traditional area associated with the apical ancestors of the respondent groups were not part of the geographical area of the claim group – apical ancestors of the respondent groups did not acquire native title rights or interests in the claim area – strong anthropological evidence that the apical ancestors were unlikely to come from the claim area
Legislation: Native Title Act 1993 (Cth) Evidence Act 1995 (Cth) s 79 Aboriginal Land Rights Act 1983 (NSW)
Cases cited: Moses v Western Australia (2007) 160 FCR 148 cited Banjima People v Western Australia (No 2) [2013] FCA 868 applied State of Western Australia v Graham on behalf of the Ngadju People [2013] FCAFC 143 applied Aplin on behalf of the Waanyi Peoples v Queensland & Ors [2010] FCA 625 distinguished Mabo v Queensland (No 2) (1992) 175 CLR 1 applied
Date of hearing: 28 January 2014 - 6 February 2014
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