Malone on behalf of the Clermont-Belyando Area Native Title Claim Group v State of Queensland

The appeal in Malone on behalf of the Clermont-Belyando Area Native Title Claim Group v State of Queensland involved a dispute regarding the existence of native title over a specific area in Queensland. The appellant, representing the native title claim group, sought to overturn the Federal Court's decision that found no native title existed over the claimed area. The respondents, the State of Queensland, defended the trial judge's findings. The Federal Court of Australia was the court that originally heard the case and subsequently the appeal.

The central legal issues in the case were whether the trial judge had misconceived or failed to properly consider the evidence concerning the name of the claim group, the membership rule, including adoption, and whether the trial judge erred in finding that numerous changes to the claim over nearly two decades was indicative of the absence of any normative society. The appellant argued that the trial judge's findings were made in disregard of incontrovertible facts or uncontested testimony and that the findings were glaringly improbable or contrary to compelling inferences.

The Federal Court of Australia dismissed the appeal, finding that the trial judge had not misconceived or failed to properly consider the evidence. The court held that the trial judge's findings regarding the changes to the claim were supported by the evidence presented and that the appellant had not demonstrated that the trial judge's findings were made in disregard of incontrovertible facts or were contrary to compelling inferences. The court also found that the changes to the claim were not emblematic of the absence of any normative society.

The orders of the court were that the appeals from the judgment in Malone v State of Queensland be dismissed and that there be liberty to apply within 14 days for any order as to costs. The liberty to apply for costs was to be exercised by filing submissions of no more than 5 pages stating the terms of the order sought together with any necessary affidavit in support.