Williams on behalf of the Danggan Balun (Five Rivers) People v State of Queensland [2023] FCA 639

Federal Court of Australia

Williams on behalf of the Danggan Balun (Five Rivers) People v State of Queensland [2023] FCA 639 File number(s): QUD 331 of 2017

Judgment of: COLLIER J

Date of judgment: 14 June 2023

Catchwords: NATIVE TITLE – application under s 66B of the Native Title Act 1993 (Cth) to replace applicant – whether individual applicant no longer authorised by the claim group – breach of claim group terms and conditions of appointment of applicant – application granted

Legislation: Native Title Act 1993 (Cth) ss 66B, 66B(1), 66B(1)(a)(ii), 66B(2), 251B, 251B(a) and 251B(b)

Cases cited: Daniel v State of Western Australia (2002) 194 ALR 278; [2002] FCA 1147

Division: General Division

Registry: Queensland

National Practice Area: Native Title

Number of paragraphs: 25

Date of hearing: Determined on the papers

Solicitor for the Interlocutory Applicant: Mr T Wishart of Queensland South Native Title Services Ltd

ORDERS QUD 331 of 2017

BETWEEN: TED WILLIAMS & ORS ON BEHALF OF THE DANGGAN BALUN (FIVE RIVERS) PEOPLE Applicant

AND: STATE OF QUEENSLAND First Respondent COMMONWEALTH OF AUSTRALIA Second Respondent BRISBANE CITY COUNCIL (and other named in the Schedule) Third Respondent

order made by: COLLIER J DATE OF ORDER: 14 June 2023

THE COURT ORDERS THAT:

1. Pursuant to s 66B of the Native Title Act 1993 (Cth), the Applicant in this proceeding, jointly comprised of Gordon "Ted" Williams, Rose Page, Louisa Bonner, Shaun Davies, Israel Bundjuri and Germaine Paulson, is replaced by Gordon "Ted" Williams, Rose Page, Louisa Bonner, Shaun Davies and Germaine Paulson. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.