Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nona on behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland (No 5) [2023] FCA 135 File number: QUD 9 of 2019
Judgment of: MORTIMER J
Date of judgment: 27 February 2023
Catchwords: NATIVE TITLE – separate questions – two uninhabited islands in the Torres Strait – shared ownership claim by three groups – objection to shared claim as not representing situation under traditional law and custom – consideration and application of earlier decision in Akiba on behalf of the Torres Strait Regional Seas Claim Group v State of Queensland (No 3) [2010] FCA 643; 204 FCR 1 – whether one native title held jointly or two different native titles – finding that only two of the three groups hold native title in the two islands – native title found to be held jointly by the two groups
Legislation: Evidence Act 1995 (Cth) s 53 Native Title Act 1993 (Cth) ss 61, 86(2), 223, 253 Seas and Submerged Lands Act 1973 (Cth) Land Act 1962 (Qld)
Cases cited: Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth [2013] HCA 33; 250 CLR 209 Akiba on behalf of the Torres Strait Regional Seas Claim Group v State of Queensland (No 3) [2010] FCA 643; 204 FCR 1 Akiba on behalf of the Torres Strait Regional Seas Claim People v State of Queensland (No 4) [2008] FCA 1446 Banjima People v State of Western Australia [2015] FCAFC 84; 231 FCR 456 David on behalf of the Torres Strait Regional Seas Claim v State of Queensland [2022] FCA 1430 Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People [2019] FCAFC 177; 273 FCR 350 Griffiths v Northern Territory of Australia [2007] FCAFC 178; 165 FCR 391 Kaurareg People v State of Queensland [2001] FCA 657 Mabo v Queensland (No 2) [1992] HCA 23; 175 CLR 1 Manas v State of Queensland [2006] FCA 413 Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58; 214 CLR 422 Mualgal People v State of Queensland [1999] FCA 157 Nona v State of Queensland [2005] FCA 1118 Nona and Manas v State of Queensland [2006] FCA 412 Nona on behalf of the Badulgal v State of Queensland [2004] FCA 1578 Nona on behalf of the Badu People (Warral & Ului) v State of Queensland [2020] FCA 983 Nona on behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland [2020] FCA 1353 Northern Territory v Alyawarr, Kaytetye, Warumungu, Wakaya Native Title Claim Group [2005] FCAFC 135; 145 FCR 442
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