Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hill on behalf of the Yirendali People Core Country Claim v State of Queensland (No 3) [2015] FCA 777 Citation: Hill on behalf of the Yirendali People Core Country Claim v State of Queensland (No 3) [2015] FCA 777
Parties: JAMES HILL & ORS ON BEHALF OF THE YIRENDALI PEOPLE CORE COUNTRY CLAIM v STATE OF QUEENSLAND & ORS
File number: QUD 495 of 2006
Judge: LOGAN J
Date of judgment: 29 June 2015
Catchwords: NATIVE TITLE – admission by applicant that it would not call any evidence at trial – Defence contains in substance a counter-claim that no native title at all exists in respect of claimed area, not merely that claimed by the applicant – application by State respondent for orders postponing trial to facilitate negotiations for Indigenous Land Use Agreement and agreement that native title does not exist in claim area – exercise of judicial power of Commonwealth in Native Title cases – case management – whether continuation of proceeding in face of applicant's admission constitutes an abuse of process – application allowed
Legislation: Native Title Act 1993 (Cth) ss 87, 223
Cases cited: Batistatos v Roads & Traffic Authority of New South Wales (2006) 226 CLR 256 cited Budby on behalf of the Barada Barna People v State of Queensland [2013] FCAFC 149 considered Hill on behalf of the Yirendali People Core Country Claim v State of Queensland [2015] FCA 300 cited Sea Culture International Pty Ltd v Scoles (1991) 32 FCR 275 considered
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