Alvoen on behalf of the Wakaman People #5 v State of Queensland (No 4) [2023] FCA 837

Federal Court of Australia

Alvoen on behalf of the Wakaman People #5 v State of Queensland (No 4) [2023] FCA 837 File number: QUD 178 of 2018

Judgment of: COLLIER J

Date of judgment: 24 July 2023

Catchwords: NATIVE TITLE – application to remove indigenous respondent pursuant to ss 84(8) and 84 (9) Native Title Act 1993 (Cth) – where respondent had previously agreed to s 87A Agreement – where respondent refused to execute s 87A Agreement – where respondent sought amendments to s 87A Agreement weeks prior to programmed consent determination date – whether respondent entitled as a matter of law to insist on amendments to s 87A Agreement –abuse of process – interests of justice.

Legislation: Native Title Act 1993 (Cth) ss 44H, 84(5), 87A, 84(8), 84(9), 225, 225(d) Biosecurity Act 2014 (Qld) Land Act 1994 (Qld) Division 6, Part 3 of Chapter 4, Division 8C, Part 4 of Chapter 6 Nature Conservation Act 1992 (Qld) s 45

Cases cited: Alvoen on behalf of the Wakaman People #3 v State of Queensland [2019] FCA 1469 Brown v The State of South Australia [2010] FCA 875 De Rose v State of South Australia (No 2) (2005) 145 FCR 290; [2005] FCAFC 110 Jeffery & Katauskas Pty Limited v SST Consulting Pty Ltd [2009] HCA 43; 239 CLR 75 Lawson on behalf of the Badimaya Barna Guda People v State of Western Australia [2020] FCA 104 Miller v State of South Australia (Far West Coast Sea Claim) (No 2) [2018] FCA 599 Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 1) [2021] FCA 1463