Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Doyle on behalf of the Iman People # 2 v State of Queensland [2016] FCAFC 189 Appeal from: Doyle on behalf the Iman People #2 v State of Queensland [2016] FCA 13
File number: QUD 103 of 2016
Judges: NORTH, BARKER AND WHITE JJ
Date of judgment: 22 December 2016
Catchwords: NATIVE TITLE – appeal against Judgment which found that grants or conversions of perpetual leases over three areas of land were in each case, a "previous exclusive possession act" within s 23B of the Native Title Act 1993 (Cth) (the NT Act) and therefore had extinguished native title – consideration of the validity of s 8 of the Native Title (Queensland) Act 1993 (Cth) and whether it, in conjunction with s 19 of the NT Act could have the effect of validating the past acts of extinguishment –consideration of the application of the decision in University of Wollongong v Metwally (1984) 158 CLR 447. Held: appeal dismissed.
Legislation: Anti-Discrimination Act 1977 (NSW) Brigalow and Other Lands Development Acts 1962-1965 (Qld) Australian Constitution s 109 Judiciary Act 1903 (Cth) s 78B Land Acts 1962-1968 (Qld) Land Act 1962-1975 (Qld) Land Acts 1962-1981 (Qld) Land Act Amendment Act 1984 (Qld) s 61 Land (Titles and Traditional Usage) Act 1993 (WA) s 5 Native Title Act 1993 (Cth) ss 7, 10, 11, 14, 15, 16, 17, 19, 23A, 23B, 23C, 226, 228, 249C, Sch 1 Native Title (Queensland) Act 1993 (Qld) ss 5, 8, 20 Racial Discrimination Act 1975 (Cth) ss 6A, 10 Validation of Titles and Actions Amendment Act 1998 (NT) s 4
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