Daphney on behalf of the Kowanyama People v State of Queensland [2014] FCA 1149

FEDERAL COURT OF AUSTRALIA

Daphney on behalf of the Kowanyama People v State of Queensland [2014] FCA 1149 Citation: Daphney on behalf of the Kowanyama People v State of Queensland [2014] FCA 1149

Parties: LAWRENCE DAPHNEY, CHRIS HENRY, CHARLOTTE YAM, MICHAEL MITCHELL, ARTHUR LUKE SNR, TEDDY BERNARD, COLIN LAWRENCE JNR, CHARMAINE LAWRENCE, LAVINIA INKERMAN, CELZA INKERMAN AND HILTON NOBLE ON THEIR OWN BEHALF AND ON BEHALF OF THE KOWANYAMA PEOPLE v STATE OF QUEENSLAND, GREG HOOK, JUSTIN HOOK, PETER TONON, CLAUDINE ELIZABETH WARD, GARY DAVID WARD, SHANE ANDREW WARD, YAN WARD and CARPENTARIA SHIRE COUNCIL

File number: QUD 6119 of 1998

Judge: GREENWOOD J

Date of judgment: 31 October 2014

Catchwords: NATIVE TITLE – consideration of an agreement reached by the parties as to the terms of a determination of native title proposed to be made in claims made by the applicant group on their own behalf and for and on behalf of the members of the Kowanyama People, who comprise those people known as Yir Yoront (sometimes called Kokomenjen), Koko Bera, Kunjen and Koko Berrin, in relation to an area of land and waters of the Errk Oykangand National Park, areas within the external boundary of the original Kowanyama application and the remaining portion of the original Kowanyama application known as Part D (being land and waters the subject of a combined application comprised of Part D, QUD 6119/1998; Kowanyama #2, QUD 282/2012; and Kowanyama #3, QUD 743/2013) more particularly described in Pts 1, 2 and 4 of Sch 2 to the Orders NATIVE TITLE – consideration of whether making the proposed Orders is within the power of the Court and whether the Court is satisfied that it is appropriate to make the proposed Orders – consideration, in particular, of ss 87, 94A, 223 and 225 of the Native Title Act 1993 (Cth) and the body of evidence filed in support of the application for a determination of native title