Kennedy v State of Queensland [2002] FCA 747

FEDERAL COURT OF AUSTRALIA

Kennedy v State of Queensland [2002] FCA 747 NATIVE TITLE – application pursuant to s 86G of the Native Title Act 1993 (Cth) for an order that native title does not subsist over property subject to a pastoral lease – jurisdictional preconditions for the making of such an order – factors to be considered in the exercise of the discretion. Native Title Act 1993 (Cth), ss 4(c), 13(1)(a), 61, 66(3)(a), 86G, 87, 225, 253, Pt 11 Land Act 1910 (Qld), s 40(2)(d) Land Act 1962 (Qld)

Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229, applied. Members of the Yorta Yorta Aboriginal Community v State of Victoria (1999) 4 AILR 91, cited. Members of the Yorta Yorta Aboriginal Community v Victoria (2001) 110 FCR 244, cited. Application by the Metropolitan Local Aboriginal Land Council [2001] FCA 605, cited. Applications by the Deniliquin Land Council [2001] FCA 609, cited. Darkinjung Local Aboriginal Land Council v New South Wales Aboriginal Land Council [2001] FCA 1124, cited. Kelly on behalf of the Byron Bay Bundjalong People v NSW Aboriginal Land Council [2001] FCA 1479, cited. Wik Peoples v Queensland (1996) 187 CLR 1, cited. Mabo v Queensland (No 2) (1992) 175 CLR 1, cited. S Beesley, "The Role of the Federal Court when Parties Reach Agreement: s 87 of the Native Title Act 1993" (2001) 5:1 Native Title News 5 NOEL JOHN MICHAEL KENNEDY v STATE OF QUEENSLAND QG 6303 of 1998 SACKVILLE J SYDNEY 13 JUNE 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY QG 6303 of 1998

BETWEEN: NOEL JOHN MICHAEL KENNEDY

APPLICANT

AND: STATE OF QUEENSLAND

RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 13 JUNE 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: Native title does not exist in relation to all that land known as Castle Hill Holding being Lot 4721 on Crown Plan PH1874 situated in the County of Wokingham, Parish of Calista (tenure reference PH45/4721).