Wuthathi, Kuuku Ya'u and Northern Kaanju People v State of Queensland [2015] FCA 381

Wuthathi, Kuuku Ya'u and Northern Kaanju People v State of Queensland [2015] FCA 381

The Court was satisfied that the parties' written s 87 agreement was made on an informed basis, that material before the Court supported the existence of native title rights and interests of the Wuthathi, Kuuku Ya'u and Northern Kaanju People in the Determination Area, that the proposed determination complied with the Native Title Act 1993 (Cth), and that it was within power and appropriate to make the consent determination.

Jurisdiction
Australia
Judgment Date
28 April 2015
Procedural Posture
Application for a Determination of Native Title Under the Native Title Act 1993 (cth) / Consent Determination Under S 87 of the Native Title Act 1993 (cth)
Outcome
Native title determination made by consent.
Legal Topics
['consent Determination' 'native Title Rights and Interests' 'exclusive Possession' 'prescribed Body Corporate' 'other Interests']
['native Title'] ['consent Determination' 'native Title Rights and Interests' 'exclusive Possession' 'prescribed Body Corporate' 'other Interests']

Case Brief

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Procedural Posture

Application for a Determination of Native Title Under the Native Title Act 1993 (cth) / Consent Determination Under S 87 of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the proposed consent determination of native title was within the power of the Court under s 87 of the Native Title Act 1993 (Cth).' "Whether it was appropriate for the Court to make orders in the terms of the parties' agreement without holding a hearing of questions of fact and law." 'Whether native title rights and interests existed in relation to the Determination Area and how those rights related to other interests.']

Ratio Decidendi

The Court was satisfied that the parties' written s 87 agreement was made on an informed basis, that material before the Court supported the existence of native title rights and interests of the Wuthathi, Kuuku Ya'u and Northern Kaanju People in the Determination Area, that the proposed determination complied with the Native Title Act 1993 (Cth), and that it was within power and appropriate to make the consent determination.

Court Disposition

Native title determination made by consent.

Orders

  • ['There be a determination of native title in the terms set out in the orders.' "The Determination Area is comprised of Wuthathi country, Kuuku Ya'u country, Northern Kaanju country, and country shared jointly by the Wuthathi People and the Kuuku Ya'u People." 'Each party to the proceedings is to bear its own...