Federal Court of Australia
Federal Court of Australia
Fourmile on behalf of the Gimuy Walubara Yidinji People v State of Queensland [2021] FCA 1576 File number: QUD 23 of 2019
Judgment of: CHARLESWORTH J
Date of judgment: 16 December 2021
Catchwords: NATIVE TITLE – removal of parties – Court adopting a report under r 28.67(1)(a) of the Federal Court Rules 2011 (Cth) – adopted findings inconsistent with claims of Aboriginal respondents to possess native title rights and interests in the land and waters to which the proceeding relates – whether Aboriginal respondents are likely to conduct defence of the claim in a manner inconsistent with the adopted Report – whether in the interests of justice to remove the Aboriginal respondents – Aboriginal respondents removed pursuant to s 84(8) of the Native Title Act 1993 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) s 54 Native Title Act 1993 (Cth) ss 84, 85, 190F Federal Court Rules 2011 (Cth) rr 28.61, 28.67
Cases cited: Butterworth v Queensland (2010) 184 FCR 397 CD (deceased) v State of Western Australia [2021] FCA 734 Martens on behalf of the Kunggandji Gurrabuna People of Kamoi (Kimoi or Kimuy) [2021] FCA 1577 Singleton on behalf of the Yirrganydji Peoples v State of Queensland [2021] FCA 316 Singleton on behalf of the Yirrganydji Peoples v State of Queensland (No 2) [2021] FCA 1350 Starkey v South Australia (2011) 193 FCR 450 Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 5) [2014] FCA 650
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