Budby on behalf of the Barada Barna People v State of Queensland

In the Federal Court of Australia, Frank Budby, Les Budby, and Cecil Brown Jnr on behalf of the Barada Barna People (Applicants) filed a native title determination application against the State of Queensland and others (Respondents). The case, Budby on behalf of the Barada Barna People v State of Queensland, was presided over by Justice Collier on 15 September 2010. The key legal issues were whether the Wiri Cultural Heritage and Community Development Aboriginal Corporation, Celeste Walsh, and Linda Joyce Wailu should be struck out as respondents and whether the Corporation had any interest in the native title proceedings beyond that of an ordinary member of the public.

Justice Collier dismissed the application to strike out Celeste Walsh and Linda Joyce Wailu as respondents after acknowledging the anthropological evidence supporting their descent from apical ancestors named in the native title determination application. The Court ordered the respondents to file affidavits specifying the nature and extent of their claimed native title rights and interests and the areas they cover. The Court also ordered that the Wiri Cultural Heritage and Community Development Aboriginal Corporation cease to be a respondent, as there was insufficient evidence to show that the Corporation had any interest in the proceedings beyond that of an ordinary member of the public. The principles established in Byron Environment Centre Incorporated v Arakwal People and Adnyamathanha People No 1 v South Australia were applied to determine the Corporation's standing.

The Court's decision was based on the lack of evidence demonstrating that the Corporation had any interest in the native title proceedings beyond that of its individual members. The Court concluded that the Corporation did not meet the criteria for standing under the Native Title Act 1993, as its interests were not distinct from those of the individual members. Therefore, the Corporation was struck out as a respondent, and the case proceeded with the remaining parties.