Levinge on behalf of the Gold Coast Native Title Group v State of Queensland [2013] FCA 634

FEDERAL COURT OF AUSTRALIA

Levinge on behalf of the Gold Coast Native Title Group v State of Queensland [2013] FCA 634 Citation: Levinge on behalf of the Gold Coast Native Title Group v State of Queensland [2013] FCA 634

Parties: IAN LEVINGE AND ORS (ACCORDING TO THE SCHEDULE) ON BEHALF OF THE GOLD COAST NATIVE TITLE GROUP v STATE OF QUEENSLAND & ORS (ACCORDING TO THE SCHEDULE)

File number: QUD 346 of 2006

Judge: RARES J

Date of judgment: 3 June 2013

Catchwords: NATIVE TITLE – trial – applicant's failure to prosecute claim – interlocutory applications for proceedings to be dismissed by Queensland and New South Wales by reason of applicant's defaults in filing evidence – applicant seeking leave to discontinue – whether application should be adjourned, discontinued or dismissed either summarily or on a final basis – whether determination under s 225 of the Native Title Act 1993 (Cth) of no native title over claim area should be made – where s 13 provided determination of no native title could only be challenged by Commonwealth or State Minister – where very large, generalised and unspecific claim brought over densely populated area for which there were extensive freehold grants – where proceedings on foot for seven years – where three prior claims concerning same area brought over 16 years – where applicant repeatedly failed to comply with timetable for preparation for trial – where Queensland relied at final hearing on grants of freehold as extinguishing native title – where failure to identify particular land within claim area of interest to applicant – where no party identified, as required by earlier orders, any areas for which Queensland had provided evidence of earlier freehold grants – where dismissal creates res judicata preventing present applicant from bringing any further proceedings on same subject matter Held: (1) proceedings dismissed on final basis; (2) determination that native title extinguished over undisputed areas of freehold land identified by Queensland