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Wharton on behalf of the Kooma People v State of Queensland [2002] FCA 1112

Year
2002
Jurisdiction
Queensland
Forum
Federal Court
Legislation considered
s 84C Native Title Act 1993 (Cth)
s 66B Native Title Act 1993 (Cth)
Summary

This matter concerned two proceedings, in which the applicants were Wayne Wharton and Una Branfield (Ponjydufljydu) and others. Both applicants brought native title claims on behalf of the Kooma People, in relation to the same area.

Justice Emmett ordered that the two proceedings be joined. His honour also ordered mediation between the applicants to ascertain who has authority to speak on behalf of the Kooma People. The mediation was to be conducted by the National Native Title Tribunal and the court was to be informed of its progress by 13 November 2002.  Although it was noted mediation was unlikely to resolve the issue, it would refine the issues for determination  through either a s 66B(1) or s 84C(1) of the Native Title Act 1993 (Cth) application.