Federal Court of Australia
Sandow on behalf of the Bigambul People #5 v State of Queensland [2025] FCA 53 File number(s):
Judgment of: COLLIER J
Date of judgment: 6 February 2025
Catchwords: NATIVE TITLE – interlocutory application to strike out competing native title determination – section 84C Native Title Act 1993 (Cth) – whether native title determination application properly authorised – whether application brought on behalf of subset of claim group – whether authorisation notice afforded a reasonable opportunity to participate in the decision-making process – delay in filing overlapping claim – abuse of process
Federal Court of Australia Act 1976 (Cth) s 31A Legislation: Native Title Act 1993 (Cth) ss 61(1), 62(2), 62A, 84C, 84D, 85A, 87, 190A(6), 190C, 251B, 251BA Federal Court Rules 2011 (Cth) r 26.01
Dale v Western Australia (2011) 191 FCR 521, [2011] FCAFC 46 McGlade (formerly Wanjurri-Nungala) and Others v South West Aboriginal Land & Sea Aboriginal Corporation and Others (No 2) (2019) 374 ALR 329, [2019] FCAFC 328 Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193 Brown v State of South Australia [2009] FCA 206 Dieri People v State of South Australia [2003] FCA 187 Doctor on behalf of the Bigambul People v State of Queensland [2016] FCA 1447 Doctor on behalf of the Bigambul People v State of Queensland [2017] FCA 716 Cases cited: Harrington-Smith on behalf of the Wongatha People v Western Australia (No 9) [2007] FCA 31 Hazelbane v Northern Territory of Australia [2008] FCA 291 Hippi on behalf of the Gamilaraay People v State of Queensland [2024] FCA 380 Kite v State of South Australia [2007] FCA 1662 Mann on behalf of the Bigambul People #2 v State of Queensland [2023] FCA 450 Risk v National Native Title Tribunal [2000] FCA 1589 TJ (on behalf of the Yindjibarndi People) v State of Western Australia [2015] FCA 818 Walker v South Australia [2014] FCA 962 Essentially Yours: The Protection of Human Genetic Information in Australia (ALRC Report 96, 2010)
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