Turrbal People v State of Queensland [2005] FCA 1796

FEDERAL COURT OF AUSTRALIA

Turrbal People v State of Queensland [2005] FCA 1796

NATIVE TITLE - application to have claim split into two parts - Part A area with no overlapping applications - Part B area with overlapping applications - each part to be dealt with separately – whether power to make order – whether just and equitable Native Title Act 1993 (Cth) s 67, 68, 86C Federal Court Rules O 29 r 2(a), O 28 r 5(3)

Reading Australia Pty Ltd v Australian Mutual Provident Society and Anor [1999] FCA 718 cited Wik Peoples v State of Queensland [2004] FCA 1306 cited Munn (for and on behalf of the Gunggari People) v Queensland (2001) 115 FCR 109 cited James on behalf of the Matu People v Western Australia [2002] FCA 849 cited Bodney v State of Western Australia [2001] FCA 297 cited TURRBAL PEOPLE v STATE OF QUEENSLAND AND OTHERS No QUD 6196 of 1998 SPENDER J 9 DECEMBER 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 6196 OF 1998

BETWEEN: TURRBAL PEOPLE

APPLICANT

AND: STATE OF QUEENSLAND AND OTHERS

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 9 DECEMBER 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The Turrbal People's native title determination application QUD 6196 of 1998 be separated into two parts, to be called "Turrbal Part A" and "Turrbal Part B". 2. Turrbal Part A will consist of that portion of QUD 6196 of 1998 which is not overlapped by any other native title determination application, namely the parcels identified in the schedule annexed to the notice of motion. 3. Turrbal Part B will consist of the balance of the area subject of QUD 6196 of 1998, being the area not subject of Turrbal Part A.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.