In burial disputes involving Aboriginal deceased persons in Queensland, the court will adopt a flexible balancing approach weighing six factors: entitlement to letters of administration, Aboriginal cultural matters, the deceased's wishes, the wishes of living relatives, the need for timely burial, and costs and logistical difficulties. The common law priority rules for letters of administration are not determinative, particularly where no application for administration is likely to be made. Aboriginal cultural considerations about who should have carriage of arrangements (e.g., 'men's business') are relevant but not decisive where there is disagreement within the relevant group.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.