Sandy on behalf of the Yugara People v State of Queensland (No 2) [2015] FCA 15

FEDERAL COURT OF AUSTRALIA

Sandy on behalf of the Yugara People v State of Queensland (No 2) [2015] FCA 15 Citation: Sandy on behalf of the Yugara People v State of Queensland (No 2) [2015] FCA 15

Parties: DESMOND SANDY, RUTH JAMES and PEARL SANDY ON BEHALF OF THE YUGARA/YUGARAPUL PEOPLE; CONNIE ISAACS and MAROOCHY BARAMBAH ON BEHALF OF THE TURRBAL PEOPLE v STATE OF QUEENSLAND, BRISBANE CITY COUNCIL, MORETON BAY REGIONAL COUNCIL, REDLAND CITY COUNCIL, TELSTRA CORPORATION, GARRY MURPHY, BRISBANE PORT HOLDINGS PTY LTD, EDDIE RUSKA, LOGAN CITY COUNCIL, COMMONWEALTH OF AUSTRALIA, THE SHELL COMPANY OF AUSTRALIA LTD (ACN 004 610 459), INCITEC FERTILIZERS LTD, MOONIE PIPELINE COMPANY PTY LTD and CENTOR AUSTRALIA PTY LTD

File numbers: QUD 586 of 2011 QUD 6196 of 1998

Judges: JESSUP J

Date of judgment: 27 January 2015

Corrigendum: 2 February 2015

Catchwords: NATIVE TITLE – Whether native title exists in relation to any land or waters of Brisbane and surrounding area – Whether normative system of traditional laws and customs existed in claim area at sovereignty – Extent of society defined by laws then acknowledged and customs then observed – Relevance of lingual divisions – Tribes and claims within broader society – Content of laws and customs with respect to rights and interests in land and waters – Whether laws acknowledged and customs observed without substantial interruption since sovereignty – Whether members of claimant groups were descended from original peoples who possessed relevant rights and interests in relation to land and waters.