Wharton on behalf of the Kooma People v State of Queensland

The case of Wharton on behalf of the Kooma People versus the State of Queensland was heard by Emmett J in the Supreme Court of Queensland. The dispute concerns the Kooma People's claim to native title over a defined area of land in the state. The State of Queensland has contested the claim, leading to this legal challenge. The Kooma People, represented by Wharton, seek recognition of their native title rights over the area in question, which they assert has been continuously held and used in accordance with their traditional laws and customs.

The primary legal issue before the court was whether the Kooma People could demonstrate the necessary continuity of traditional laws and customs required for the recognition of native title. The court had to examine the evidence presented by the Kooma People regarding their connection to the land, and assess whether this connection was sufficiently strong and continuous to meet the legal criteria. The State of Queensland argued that the evidence did not sufficiently demonstrate the required continuity, and thus the Kooma People's claim should be dismissed.

Emmett J determined that the evidence presented by the Kooma People was not sufficient to establish the continuity of traditional laws and customs necessary for native title recognition. The court found that while the Kooma People had a historical connection to the land, this connection had not been maintained in a manner that met the legal requirements. Consequently, the court ruled against the Kooma People's claim. The motion and the proceeding were stood over to 5 August 2003 for further consideration or potential appeal.