Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 12) (Gudang Yadhaykenu determination)

The case before the court involved the nomination of separate prescribed bodies corporate (PBCs) for three identified parcels within the Cape York United #1 claim area, specifically the Atambaya, Gudang Yadhaykenu, and NCY#2 parcels. The parties to the dispute were Ross on behalf of the Cape York United #1 Claim Group and the State of Queensland. The central issue before the court was to determine the appropriateness of the nominations of these PBCs under section 56 of the Native Title Act. The court needed to consider the process by which each PBC was nominated, whether the native title group concerned had provided its consent, and if the nominations were appropriate.

The court examined the affidavit provided by Ms Malyon in the 2022 Malyon affidavit, specifically at paragraphs [30]-[32], [49]-[50], and [111]-[112], to assess the nomination process. Ms Malyon's affidavit detailed the nomination of each PBC by the respective native title group and confirmed that each PBC had consented to being nominated. Based on this information, the court concluded that the nominations were appropriate, as they had been made with the consent of the native title groups and in accordance with the legislative requirements.

In its determination, the court acknowledged the complexity of the Cape York United #1 claim proceeding and commended the efforts of all parties involved, including the applicant, the State of Queensland, and other participants, for their cooperation and commitment to the process. The court recognised the significant contributions of legal representatives, expert advisers, and the National Judicial Registrar in facilitating the court's decisions. The court also highlighted the importance of each native title determination in recognising the deep connection of First Nations peoples to their country. The court's orders were seen as a step towards empowering the Gudang Yadhaykenu People to make choices about their country and its resources.