Sandy on behalf of the Yugara People v State of Queensland

In the case of Sandy on behalf of the Yugara People v State of Queensland, the Federal Court of Australia was presented with appeals concerning the determination of native title claims made by the Yugara and Turrbal peoples. The primary issue was whether the appellants had established a continuing connection to the land in question, leading to a negative determination of native title by the primary judge. The appeals raised several legal issues, including the admissibility of additional evidence, procedural fairness in the handling of evidence, and the correctness of the primary judge's findings on continuity of connection and the existence of native title.

The court considered whether the Yugara appellants should be allowed to adduce further evidence in the form of an affidavit from Dr Powell, an anthropologist. The court noted that the application was a continuation of previous unsuccessful attempts to have Dr Powell's evidence considered. The court declined the application, finding that the evidence was not necessary for the resolution of the appeals. The court also reviewed the primary judge's handling of evidence and found no procedural unfairness. Regarding the continuity of connection, the court examined whether the primary judge had erred in assessing the evidence related to the apical ancestors and the impact of compulsory removal policies. The court found no error in the primary judge's assessment, affirming the negative determination of native title.

The court concluded that the appeals should be dismissed, and orders were made accordingly. The court upheld the primary judge's findings and did not find merit in the arguments presented by the appellants concerning the admissibility of further evidence, procedural fairness, or the continuity of connection to the land. The appeals were dismissed, and the negative determination of native title was affirmed.