Barada Bana, Yuin and Cammeraygal woman Jeanie Moran's legal battle over native title recently hit a significant hurdle, with her interlocutory application being rejected in the federal court.
Representing herself, Aunty Jeanie flew to Meanjin (Brisbane) and sought to be joined as a respondent to the principal proceedings, known as Sam Dallachy & Others on behalf of the Barada Kabalbara & Yetimarala People v State of Queensland & Others (QUD13/2019 and QUD15/2019) (the BKY #1 & BKY #2 claims).
"I wasn't successful but you know what, Mabo didn't give up at this stage," she said.
"I'm a winner, because this strong black lady stood up to this political system.
"So now the journey continues."
Aunty Jeanie filed affidavit evidence outlining how her interests may be affected by a determination of native title in the proceeding, pursuant to the Federal Court Rules 2011 (Cth) and the Native Title Act 1993 (Cth).
She relied on her two affidavits: one filed on 26 March 2024 (the First Moran Affidavit), and another filed on 10 April 2024 (the Second Moran Affidavit).
Firstly, she challenges the inclusion of 'Unnamed Barada Woman' as an apical ancestor in the BKY #1 & BKY #2 claims.
Secondly, she asserts that her rights and interests in the BKY claim area "will be affected by a determination to the wrong Applicant group".
Both the claim applicant and the State of Queensland opposed Aunty Jeanie's joinder.
The claim applicant relied on affidavits of Ms Ciarra Annalisse Vu, an anthropologist, while the State relied on the affidavit of Ms Jasmine Monique Patterson.
In further reasoning for the decision, Judge Sarah C. Derrington expressed dissatisfaction with Aunty Jeanie's application, noting the dispute is something that needs to be handled outside of Court.
"For these reasons, I am not satisfied that Ms. Moran has any interest distinct or separate from that of the claim applicant, which may be affected by a determination of native title in the application area in favor of the claim applicant," she wrote.
While Aunty Jeanie is a member of the Barada Barna Aboriginal Corporation RNTBC, the findings stated that she had been a member of the BKY claim applicant since 2013.
She told National Indigenous Times she only became a member of the BKY in July 2021, and had no prior involvement with them.
"I first contacted South Native Title in 2021, as said in Ciarra's affidavit," she said.
"I didn't know our geaneolgy in 2013, I had never made any contact with BKY and had never been to Rockhampton in 2013."
As a result, Aunty Jeanie plans to lodge an appeal, which she will submit by Tuesday, May 14th.
"I hope my application highlights the reason highlights the reason I am putting an appeal in - because of the incorrect timeframe that was put in the ruling."