Groups lose in Qld Native Title claim
Queensland’s Yugara and Turrbal peoples — who unsuccessfully sought Native Title claims over Brisbane — have had their appeals rejected by the Full Court of the Federal Court.
In a judgement handed down Tuesday on July 25, Justices John Reeves, Michael Barker and Richard White dismissed separate appeals filed by both groups.
The appeals were lodged by Desmond Sandy, Ruth James and Pearl Sandy on behalf of the Yugara-Yugarapul People and by Maroochy Barambah for the Turrbal People.
The State of Queensland, Commonwealth of Australia and the Moreton Bay Regional Council were respondents in the Yugara action, which was lodged in April 2015, and the State of Queensland, Commonwealth of Australia and the Yugara group were defendants in the Turrbal appeal, which was filed in August last year.
The Full Court found neither the Yugara People or the Turrbal People had made out their grounds of appeal.
At the original trial, the Turrbal People claimed they were direct descendants of an Indigenous man known as the Duke of York in the early days of the colonial Morton Bay settlement and held Native Title in the claim area.
The Yugara People disputed the claim that the Turrbal People held Native Title over the area and claimed the Turrbal People were a sub-group of the Yugara.
The court had to decide whether the claimants still possessed Native Title rights and interests over Brisbane today.
In 2015 the original trial judge, Justice Christopher Jessup, ruled against both groups, finding the Yugara had not demonstrated that any of their ancestors were present in the claim area at material times at sovereignty and that the Turrbal People had failed to prove they were descended from the Duke of York.
The Turrbal people lodged their original claim in 1998 and the Yugara people in 2011.