Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Dallachy on behalf of the Barada Kabalbara and Yetimarala People #1 v State of Queensland (Consent Determination) [2024] FCA 1391 File numbers:
Judgment of: SARAH C DERRINGTON J
Date of judgment: 6 December 2024
Catchwords: NATIVE TITLE – consent determination – requirements under s 87 of the Native Title Act 1993 (Cth) – agreement of all parties – determination of native title by consent
Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) s 32-1(1)(c) Legislation: Native Title Act 1993 (Cth) ss 13, 23B, 23C, 24IB, 24JA, 47, 47A, 47B, 47C, 55, 56, 57, 61, 61A, 66, 67, 87, 94A, 190A, 212, 223, 225, 251D, 253 Native Title (Queensland) Act 1993 (Qld) ss 18, 20, 21)
Budby on behalf of the Barada Barna People v Native Title Registrar [2014] FCA 801 Dallachy on behalf of the Barada Kabalbara and Yetimarala People v State of Queensland [2024] FCA 444 Eagles on behalf of the Combined Thiin-Mah, Warriyangka, Tharrkari and Jiwarlli People v State of Western Australia [2019] FCA 508 Cases cited: Kngwarrey on behalf of the member of the Irrkwal, Ntewerrek, Aharreng, Arrty/Amatyerr and Areyn Landholding Groups v Northern Territory of Australia [2011] FCA 428 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 McKellar on behalf of the Wongkumara People v State of Queensland [2024] FCA 699 Munn v Queensland [2001] FCA 1229; 115 FCR 109
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