Kynuna on behalf of the Bar Barrum People #5 v State of Queensland [2016] FCA 1504

FEDERAL COURT OF AUSTRALIA

Kynuna on behalf of the Bar Barrum People #5 v State of Queensland [2016] FCA 1504 File number: QUD 6031 of 2001

Judge: REEVES J

Date of judgment: 5 December 2016

Date of publication of reasons: 13 December 2016

Catchwords: NATIVE TITLE – application for determination of native title under s 87 of the Native Title Act 1993 (Cth) – consideration of whether the parties have satisfied the criteria set out in s 87 such that the jurisdiction of the Court is enlivened – consideration of whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties

Legislation: Federal Court of Australia Act 1976 (Cth) Native Title Act 1993 (Cth)

Cases cited: Barkandji Traditional Owners #8 v Attorney-General (New South Wales) [2015] FCA 604 Brooks on behalf of the Mamu People v State of Queensland (No 3) [2013] FCA 741 Congoo on behalf of the Bar Barrum People #2 v State of Queensland [2016] FCA 693 Congoo on behalf of the Bar Barrum People #3 v State of Queensland [2016] FCA 694 Congoo on behalf of the Bar Barrum People #4 v State of Queensland [2016] FCA 695 King on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Claim Group v State of South Australia [2011] FCA 1387 Kuuku Ya'u People v State of Queensland [2009] FCA 679 Lennon on behalf of the Antakirinja Matu-Yankunytjatjara Native Title Claim Group v State of South Australia [2011] FCA 474 Malthouse on behalf of the Bar Barrum People #6 v State of Queensland [2016] FCA 696 Miller on behalf of the Birriah People v State of Queensland (No 2) [2016] FCA 1434 Nelson v Northern Territory of Australia (2010) 190 FCR 344; [2010] FCA 1343 Peterson v State of Western Australia [2013] FCA 518 Pwerle v Northern Territory [2016] FCA 304 Starkey v State of South Australia (2014) 319 ALR 231; [2014] FCA 924