Dingaal Tribe v State of Queensland

The Federal Court was tasked with determining several issues in the matter of Dingaal Tribe v State of Queensland. The applicants, Gary Yoren, Ned Yoren and Elaine Baru, sought to replace Gordon Charlie and Jonathon Charlie as the applicants in the native title determination application QG6004 of 1998. The applicants also sought leave to amend the native title claimant application and requested that the Cape York Land Council Aboriginal Corporation file a notice of change of address for service and contact details on behalf of the new applicants. Additionally, the applicants sought an order for the files and documents in relation to the determination application to be provided to the Cape York Land Council Aboriginal Corporation. Finally, the applicants sought an adjournment of the notice of motion filed by Peter Gore and Associates on behalf of a number of persons seeking to be joined as parties to QG6004 of 1998.

The court considered the provisions of the Native Title Act 1993 (Cth) and the Federal Court Rules in determining the legal issues. The court found that the applicants had satisfied the requirements for amending the native title claimant application and replacing the original applicants. The court also found that the applicants had met the requirements for filing a notice of change of address and providing the files and documents to the Cape York Land Council Aboriginal Corporation. The court granted the applicants leave to amend the native title claimant application and ordered the Cape York Land Council Aboriginal Corporation to file a notice of change of address and contact details on behalf of the new applicants. The court also ordered Gordon Charlie and Jonathon Charlie and any other person assisting them with the determination application to provide the files and documents to the Cape York Land Council Aboriginal Corporation. Finally, the court stood over the notice of motion filed by Peter Gore and Associates for further directions and ordered the applicants to file and serve an Action Implementation Plan by 30 November 2003.

The court made several orders in relation to the applicants' requests. The court ordered that Gary Yoren, Ned Yoren and Elaine Baru replace Gordon Charlie and Jonathon Charlie as the applicants in the native title determination application QG6004 of 1998. The court also granted the applicants leave to amend the native title claimant application and ordered the Cape York Land Council Aboriginal Corporation to file a notice of change of address and contact details on behalf of the new applicants. The court ordered Gordon Charlie and Jonathon Charlie and any other person assisting them with the determination application to provide the files and documents to the Cape York Land Council Aboriginal Corporation. The court stood over the notice of motion filed by Peter Gore and Associates for further directions and ordered the applicants to file and serve an Action Implementation Plan by 30 November 2003. Finally, the court adjourned the matter for further directions to 9.00 am on 28 April 2004 at Cairns.