Combined Gunggandji Claim v State of Queensland [2005] FCA 575

Combined Gunggandji Claim v State of Queensland [2005] FCA 575

The claim group agreed to refer the proposed removal of Mr Noble to the elders and to abide by their decision; the Court preferred the evidence that the elders agreed to remove Mr Noble and that the claim group adopted that resolution. As all requirements of s 66B were satisfied, the Court ordered replacement of the current applicant group by the new applicant group consisting of Leslie Vivian Murgha and Stewart Eric Harris.

Jurisdiction
Australia
Judgment Date
31 March 2005
Procedural Posture
Native Title Claim / Application Under S 66 B of the Native Title Act 1993 (cth) to Remove One of the Applicants and Replace the Applicant Group
Outcome
Application granted; current applicants replaced by the new applicant group and consequential notification and register amendment orders made.
Legal Topics
['replacement of Applicant' 'claim Group Authorisation' 'traditional Law and Custom' 'native Title Claim Group Decision Making']
['native Title' 'federal Court Procedure'] ['replacement of Applicant' 'claim Group Authorisation' 'traditional Law and Custom' 'native Title Claim Group Decision Making']

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Procedural Posture

Native Title Claim / Application Under S 66 B of the Native Title Act 1993 (cth) to Remove One of the Applicants and Replace the Applicant Group

Legal Issues

  1. 1 ['Whether Frederick Charles Noble should be removed as one of the applicants under s 66B.' 'Whether the decision-making process for removal satisfied par 251B(a) or, if no accepted traditional law or custom applied, par 251B(b).']

Ratio Decidendi

The claim group agreed to refer the proposed removal of Mr Noble to the elders and to abide by their decision; the Court preferred the evidence that the elders agreed to remove Mr Noble and that the claim group adopted that resolution. As all requirements of s 66B were satisfied, the Court ordered replacement of the current applicant group by the new applicant group consisting of Leslie Vivian Murgha and Stewart Eric Harris.

Court Disposition

Application granted; current applicants replaced by the new applicant group and consequential notification and register amendment orders made.

Orders

  • ['The current applicants for the native title claim group, namely, Leslie Vivian Murgha, Stewart Eric Harris and Frederick (Ricko) Noble acting jointly, be replaced pursuant to s 66B(1) of the Native Title Act 1993 (Cth) by the new applicant consisting of Leslie Vivian Murgha and Stewart Eric Harris acting jointly.'...