Karkdoo on behalf of the Purrukwarra Estate Group and the Arruwarra Estate Group v Northern Territory of Australia [2024] FCA 176

FEDERAL COURT OF AUSTRALIA

Karkdoo on behalf of the Purrukwarra Estate Group and the Arruwarra Estate Group v Northern Territory of Australia [2024] FCA 176 File number(s): NTD 37 of 2019 NTD 6030 of 2001 (Part C) NTD 6003 of 2002

Judgment of: O'BRYAN J

Date of judgment: 6 March 2024

Catchwords: NATIVE TITLE – consent determination of native title under ss 87 and 87A of the Native Title Act 1993 (Cth) – where proposed prescribed body corporate is the agent prescribed body corporate in respect of other holders of native title – whether requirements of s 59A of the Native Title Act 1993 (Cth) have been satisfied

Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) s 29–5 Native Title Act 1993 (Cth) ss 55, 56, 57, 59, 59A, 66, 67, 68, 87, 87, 87A, 94A, 223, 225 Native Title Amendment Act 2007 (Cth) Northern Territory Aboriginal Sacred Sites Act 1989 (NT) Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) regs 3, 4, 4A

Cases cited: Agius v State of South Australia (No 6) [2018] FCA 358 Barkandji Traditional Owners #8 v Attorney-General of New South Wales [2015] FCA 604 Brown v Northern Territory of Australia [2015] FCA 1268 Farrer on behalf of the Ngarrawanji Native Title Claim Group v State of Western Australia (No 4) [2021] FCA 1497 Freddie v Northern Territory [2017] FCA 867 Hayes on behalf of the Thalanyji People v State of Western Australia [2008] FCA 1487 Hughes (on behalf of the Eastern Guruma People) v State of Western Australia [2007] FCA 365 James on behalf of the Martu People v State of Western Australia [2002] FCA 1208 Kelly on behalf of the Byron Bay Bundjalung People v NSW Aboriginal Land Council [2001] FCA 1479 King on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Claim Group v State of South Australia [2011] FCA 1387 Lander v State of South Australia [2012] FCA 427 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Mulardy, on behalf of the Birriman-gan Native Title Claim Group v State of Western Australia (No 2) [2022] FCA 276 Munn for and on behalf of the Gunggari People v State of Queensland (2001) 115 FCR 109 Prior on behalf of the Juru (Cape Upstart) People v State of Queensland (No 2) [2011] FCA 819 Rrumburriya Borroloola Claim Group v Northern Territory (2016) 255 FCR 228 Saltmere on behalf of the Indjalandi-Dhidhanu People v Northern Territory of Australia (Rocklands Pastoral Lease Proceeding) [2022] FCA 1040 Wilson on behalf of the Wirangu People and Weetra on behalf of the Nauo People v State of South Australia [2023] FCA 60 Yaegl People #2 v Attorney General of New South Wales [2017] FCA 993