Yuin Council of Elders Aboriginal Corp v State of New South Wales [1995] FCA 833

CATCHWORDS

NATIVE TITLE - Extinction and revival of native title - compensation - Crown lands - roads - the Roads Act 1993 (NSW), s. 226, confers no right to compensation, but merely provides a mechanism for dealing with a right to compensation conferred elsewhere - Native Title Act 1993 - non-claimant applications - notion of revival of native title has no support. JURISDICTION - Jurisdiction of Courts (Cross-Vesting) Act (NSW) 1987, ss. 3 and 4 - definition of 'State matter' - Federal Court of Australia Act 1976, s. 21 - whether the Court's power to make declarations extends beyond the jurisdiction conferred by the Native Title Act - Native Title Act 1993, s. 213(2) - jurisdiction under s. 213(2) is 'only in relation to matters arising under the Native Title Act itself'. Aboriginal Councils and Associations Act 1976 Native Title Act 1993 Federal Court of Australia Act 1976

Crown Lands Act 1989 (NSW) Roads Act 1993 (NSW) Land and Environment Court Act 1979 (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) YUIN COUNCIL OF ELDERS ABORIGINAL CORPORATION V STATE OF NEW SOUTH WALES NG 6004 of 1995

LOCKHART J. SYDNEY 23 OCTOBER 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 6004 of 1995 ) GENERAL DIVISION ) BETWEEN: YUIN COUNCIL OF ELDERS ABORIGINAL CORPORATION Applicant AND: STATE OF NEW SOUTH WALES Respondent JUDGE MAKING ORDER: LOCKHART J. WHERE ORDER MADE: SYDNEY DATE ORDER MADE: 23 OCTOBER 1995 MINUTE OF ORDER THE COURT ORDERS THAT: 1. The applicant's motion to amend the application is dismissed. 2. The proceeding is dismissed. 3. The applicant shall pay the costs of the respondent of the proceeding, including the notices of motion, and any reserved costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.