Federal Court of Australia
Federal Court of Australia
Baker on behalf of the Muluridji People #3 v State of Queensland [2023] FCA 120 File number(s): QUD 824 of 2018
Judgment of: Sarah c DERRINGTON J
Date of judgment: 23 February 2023
Catchwords: NATIVE TITLE – Native Title Act 1993 (Cth) ('NTA') – interlocutory application to remove Indigenous respondent to Native Title determination application under s 84(8) of the NTA – where respondent opposes Native Title determination application – where respondent contests group membership – where Court will not determine intramural issues – whether respondent has sufficient interest to resist removal under s 84(9)(b) – whether it is in the interest of justice to remove respondent
Legislation: Native Title Act 1993 (Cth) s 66, 84(3), 84(5), 84(8), 84(9)
Cases cited: Baker on behalf of the Muluridji People v State of Queensland [2011] FCA 1432 Bonner on behalf of the Jagera People #2 v State of Queensland [2011] FCA 321 Butterworth v Queensland [2010] FCA 325; (2010) 184 FCR 397 Byron Environmental Care Inc v Arakwal People [1997] FCA 797; 78 FCR 1 Commonwealth of Australia v Clifton [2007] FCAFC 190; 164 FCR 355 Gomeroi People v Attorney-General (NSW) [2013] FCA 81 Lake Torrens Overlap Proceedings (No 3) [2016] FCA 899 Moses v Western Australia [2007] FCAFC 78; 160 FCR 148 Starkey v South Australia [2018] FCAFC 36; 261 FCR 183 TR (Deceased) on behalf of the Kariyarra – Pipingarra People v State of Western Australia [2016] FCA 1158
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