Wyles on behalf of the Gurambilbarra Wulgurukaba People v State of Queensland (No 2) [2022] FCA 682

Federal Court of Australia

Wyles on behalf of the Gurambilbarra Wulgurukaba People v State of Queensland (No 2) [2022] FCA 682 File number: QUD 623 of 2016

Judgment of: RANGIAH J

Date of judgment: 14 June 2022

Catchwords: NATIVE TITLE – application for removal of Indigenous respondent from claim for determination of native title under s 84(8) of the Native Title Act 1993 (Cth) – whether respondent has interests that may be affected by a determination in the proceedings – where respondent claims rights and interests within applicant's claim area – where Indigenous respondent can demonstrate an interest which may be adversely affected by determination of exclusive native title in claim area – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Native Title Act 1993 (Cth) s 84

Cases cited: Alvoen on behalf of the Wakaman People #3 v State of Queensland [2019] FCA 1469 Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 2) [2018] FCA 978 Harkin on behalf of the Nanatadjarra People v State of Western Australia (No 2) [2021] FCA 3 Kokatha Native Title Claim v South Australia (2005) 143 FCR 544 Lewis on behalf of the Warrabinga-Wiradjuri People # 7 v Attorney-General of New South Wales (No 2) [2021] FCA 1269 Miller v State of South Australia (Far West Coast Sea Claim) (No 2) [2018] FCA 599 TR (Deceased) on behalf of the Kariyarra – Pipingarra People v State of Western Australia [2016] FCA 1158