Walker on behalf of The Noonukul of Minjerrabah v State of Queensland [2007] FCA 967

FEDERAL COURT OF AUSTRALIA

Walker on behalf of The Noonukul of Minjerrabah v State of Queensland [2007] FCA 967

NATIVE TITLE – strike-out application – section 84C Native Title Act 1993 (Cth) – non‑compliance with section 61 Native Title Act 1993 (Cth) – identification of claim group – authorisation – description of claim area – application also brought pursuant to Order 20 rule 2 Federal Court Rules Held: Application struck out pursuant to section 84C Native Title Act 1993 (Cth). No need to consider Order 20 rule 2 Federal Court Rules.

Native Title Act 1993 (Cth) s 84C Federal Court Rules O 20 r 2

Bodney v Bropho (2004) 140 FCR 77 applied Booth v State of Queensland [2003] FCA 418 cited Briggs on behalf of the Gumbangirri People v Minister for Lands for the State of New South Wales (2004) 141 FCR 17 cited Dieri People v State of South Australia (2003) 127 FCR 364 cited Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31 cited Hillig as administrator of the Wormi Local Aboriginal Council v Minister for Lands for the State of New South Wales (No 2) [2006] FCA 115 cited Landers v State of South Australia (2003) 128 FCR 495 cited McKenzie v State Government of South Australia (2005) 214 ALR 214 cited Risk v National Native Title Tribunal [2000] FCA 1589 cited Thomas v State of South Australia [2004] FCA 951 cited Williams v Grant [2004] FCAFC 178 applied DENNIS WALKER ON BEHALF OF THE NOONUKUL OF MINJERRABAH v THE STATE OF QUEENSLAND QUD355 OF 2006

COLLIER J

29 JUNE 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD355 OF 2006

BETWEEN: DENNIS WALKER ON BEHALF OF THE NOONUKUL OF MINJERRABAH

Applicant

AND: THE STATE OF QUEENSLAND

Respondent

JUDGE: COLLIER J DATE OF ORDER: 29 JUNE 2007