Fritz v Torres Strait Regional Authority [2000] FCA 1461

FEDERAL COURT OF AUSTRALIA

Fritz v Torres Strait Regional Authority & Ors [2000] FCA 1461 REAL PROPERTY – application for leave to appeal from primary judge's order dismissing application for declaratory and other relief on the basis that there is no real question to be tried – where relief sought based primarily on applicant's claimed interest in certain islands by succession or disposition inter vivos – where applicant is not a descendant of an indigenous inhabitant of Australia prior to the assertion of British sovereignty – whether any basis in law for applicant's claim - whether any error demonstrated in the primary judge's conclusion Aboriginal and Torres Strait Islander Commission Act 1989 (Cth), s 142 Native Title Act 1993 (Cth) Racial Discrimination Act 1985 (Cth) Torres Strait Islander Land Act 1991 (Qld) Land Act 1962 (Qld) Community Services (Torres Strait) Act 1984 (Qld), s 51

Hollier v Registrar of NNTT (1998) 82 FCR 186 Western Australia v The Commonwealth (Native Title Act Case) (1995) 183 CLR 373 DENNIS MELVIN FRITZ v THE TORRES STRAIT REGIONAL AUTHORITY and MR EDWARD DAU ON BEHALF OF THE BOIGU ISLAND PEOPLE and MR RAYMOND SAGIGI & OTHERS ON THEIR OWN BEHALF AND ON BEHALF OF THE BADU ISLAND PEOPLE and THE DEPARTMENT OF NATURAL RESOURCES QUEENSLAND Q 48 OF 1999 SPENDER, RYAN, O'CONNOR JJ BRISBANE 17 OCTOBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 48 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: DENNIS MELVIN FRITZ

APPLICANT

AND: THE TORRES STRAIT REGIONAL AUTHORITY

FIRST RESPONDENT

MR EDWARD DAU ON BEHALF OF THE BOIGU ISLAND PEOPLE

SECOND RESPONDENT

MR RAYMOND SAGIGI & OTHERS ON THEIR OWN BEHALF AND ON BEHALF OF THE BADU ISLAND PEOPLE