Levinge on behalf of the Gold Coast Native Title Group v State of Queensland [2012] FCA 1321

FEDERAL COURT OF AUSTRALIA

Levinge on behalf of the Gold Coast Native Title Group v State of Queensland [2012] FCA 1321 Citation: Levinge on behalf of the Gold Coast Native Title Group v State of Queensland [2012] FCA 1321

Parties: IAN LEVINGE & ORS ON BEHALF OF THE GOLD COAST NATIVE TITLE GROUP v THE STATE OF QUEENSLAND & ORS

File number: QUD 346 of 2006

Judge: REEVES J

Date of judgment: 23 November 2012

Catchwords: NATIVE TITLE – authorised applicant of native title claim group seeking leave to discontinue native title determination application –whether authorised applicant has authority pursuant to s 62A of the Native Title Act 1993 (Cth) to seek leave to discontinue proceedings – leave to discontinue subject to discretion – whether leave should be granted where no evidence that native title claim group members have been informed or consulted – where reason for discontinuance is lack of resources – where authorised applicant intends to file another application for native title determination over same claim area at a future unspecified date if leave granted – whether conditions can be imposed upon discontinuance that impedes right of native title claim group to file a further claim over same claim area. Held: the authorised applicant has authority to apply for leave to discontinue proceedings – leave to discontinue not granted.

Legislation: Aboriginal Cultural Heritage Act 2003 (Qld) Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Native Title Act 1993 (Cth) Federal Court Rules Federal Court Rules 2011