Ross on behalf of the Cape York United #1 Claim Group v Qld (No 43) (Northern Kaanju #2 (Orchid Creek) determination) [2026] FCA 1085 — Native Title & Consent Determination — Barrister AI
Ross on behalf of the Cape York United #1 Claim Group v Qld (No 43) (Northern Kaanju #2 (Orchid Creek) determination)
1Where a native title group has already had an in-person consent determination, subsequent consent determinations for related parcels may appropriately be made on the papers under s 87A, provided the Court is satisfied of the same matters as would be required at a public hearing.
2Orders under s 84D(4) of the Native Title Act may be made out of an abundance of caution to address any uncertainty arising from differences between the claim group description in the original application and the group description in a proposed s 87A determination at a more local level.
3The active participation of the State and third parties with proprietary interests in tenure assessment and ILUA negotiation supports a finding that it is appropriate to make consent determination orders under s 87A(4)(b).
