Dempsey on behalf of the Bularnu, Waluwarra and Wangkayujuru People v State of Queensland (No 2)

In Dempsey on behalf of the Bularnu, Waluwarra and Wangkayujuru People v State of Queensland (No 2), the applicants sought a determination of native title rights over their country. The claim group comprises the Bularnu, Waluwarra, and Wangkayujuru people, who together assert they form one society. The dispute centred on whether the applicants were entitled to a native title determination in the form they sought, with respondents raising objections regarding the composition of the applicant group and the identity of apical ancestors.

The court was required to determine whether the Bularnu, Waluwarra, and Wangkayujuru people constituted a single society for the purposes of the claim, and if the form of determination sought by the applicants was appropriate. The court also needed to assess whether additional apical ancestors should be included in the determination. The respondents argued that the Wangkayujuru people were not part of the same society as the Bularnu and Waluwarra and proposed an additional apical ancestor for inclusion.

The court concluded that there was substantial agreement among the respondents that the form of determination sought by the applicants was appropriate. The evidence established that the Bularnu, Waluwarra, and Wangkayujuru people form one society. The court found insufficient evidence to support the inclusion of an additional apical ancestor, and thus, the applicants were entitled to a determination in the form they sought.