Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mace v State of Queensland [2019] FCAFC 233 File numbers: QUD 31 of 2018 NSD 1852 of 2018
Judges: JAGOT, GRIFFITHS AND MORTIMER JJ
Date of judgment: 19 December 2019
Catchwords: NATIVE TITLE – non-claimant applications that native title does not exist in respect of certain land and waters in Queensland and New South Wales – applications opposed – whether applicants able to prove on balance of probabilities that native title does not exist in land and waters – consideration of nature of evidence required to discharge burden of proof in non-claimant applications – applications granted
Legislation: Evidence Act 1995 (Cth) ss 140, 191 Federal Court of Australia Act 1976 (Cth) s 20(1A) Native Title Act 1993 (Cth) ss 13, 24FA, 55, 56, 57, 61, 63, 66, 84, 86G, 87, 94A, 190A, 203BB, 203FE, 225, 253 Aboriginal Land Rights Act 1983 (NSW) ss 36, 40, 42, 50, 52 Real Property Act 1900 (NSW)
Cases cited: Apollo Shower Screens Pty Ltd v Building and Construction Industry Long Service Payments Corporation (1985) 1 NSWLR 561 Blatch v Archer (1774) 1 Cowp 63; 98 ER 969 CG (Deceased) on behalf of the Badimia People v State of Western Australia [2016] FCAFC 67; 240 FCR 466 Commonwealth v Clifton [2007] FCAFC 190; 164 FCR 355 Darkinjung Local Aboriginal Land Council v Attorney General of New South Wales [2019] FCA 76 Darkinjung Local Aboriginal Land Council v Attorney-General of New South Wales [2018] FCA 1136 Deerubbin Aboriginal Land Council v Attorney-General of New South Wales [2017] FCA 1067 Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People [2019] FCAFC 177 Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31; 238 ALR 1 Jerrinja Local Aboriginal Land Council v Attorney General of the State of New South Wales [2013] FCA 562 Members of the Yorta Yorta Aboriginal Community v State of Victoria [1998] FCA 1606 Munn (for and on behalf of the Gunggari People) v State of Queensland [2001] FCA 1229; 115 FCR 109 Pate v State of Queensland [2019] FCA 25 Purkess v Crittenden [1965] HCA 34; 114 CLR 164 Waterton on behalf of the Bidjara People v State of Queensland [2017] FCA 633 Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales (No 2) [2008] FCA 1929; 181 FCR 300 Worimi v Worimi Local Aboriginal Land Council [2010] FCAFC 3; 181 FCR 320 Wyman on behalf of the Bidjara People v State of Queensland (No 2) [2013] FCA 1229 Wyman on behalf of the Bidjara People v State of Queensland (No 3) [2014] FCA 8 Wyman on behalf of the Bidjara People v State of Queensland (No 4) [2014] FCA 93 Wyman on behalf of the Bidjara People v State of Queensland [2015] FCAFC 108; 235 FCR 464 Wyman on behalf of the Bidjara People v State of Queensland [2016] FCA 777
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