Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sandy on behalf of the Yugara People v State of Queensland (No 3) [2015] FCA 210 Citation: Sandy on behalf of the Yugara People v State of Queensland (No 3) [2015] FCA 210
Parties: DESMOND SANDY, RUTH JAMES and PEARL SANDY ON BEHALF OF THE YUGARA/YUGARAPUL PEOPLE; CONNIE ISAACS and MAROOCHY BARAMBAH ON BEHALF OF THE TURRBAL PEOPLE v STATE OF QUEENSLAND, BRISBANE CITY COUNCIL, MORETON BAY REGIONAL COUNCIL, REDLAND CITY COUNCIL, TELSTRA CORPORATION, GARRY MURPHY, BRISBANE PORT HOLDINGS PTY LTD, EDDIE RUSKA, LOGAN CITY COUNCIL, COMMONWEALTH OF AUSTRALIA, THE SHELL COMPANY OF AUSTRALIA LTD (ACN 004 610 459), INCITEC FERTILIZERS LTD, MOONIE PIPELINE COMPANY PTY LTD, CENTOR AUSTRALIA PTY LTD and QUEENSLAND SOUTH NATIVE TITLE SERVICES
File numbers: QUD 586 of 2011 QUD 6196 of 1998
Judges: JESSUP J
Date of judgment: 16 March 2015
Catchwords: NATIVE TITLE – applicants unsuccessful in substantive proceeding in which the court found that native title did not exist in relation to land and waters in the claim area – whether the court has the power to make a negative determination in the absence of an application under s 13 of the Native Title 1993 (Cth) – whether the court should exercise the power to make a negative determination in relation to the claim area
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