Burragubba v State of Queensland [2016] FCA 984

FEDERAL COURT OF AUSTRALIA

Burragubba v State of Queensland [2016] FCA 984 File number: QUD 344 of 2015

Judge: REEVES J

Date of judgment: 19 August 2016

Catchwords: ADMINISTRATIVE LAW – application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) – whether the decision of the National Native Title Tribunal was induced by circumstances analogous to fraud – whether s 5(1)(g) of the ADJR Act extends to circumstances analogous to fraud – in the alternative whether the Tribunal failed to observed procedures that were required by law under s 5(1)(b) of the ADJR Act – whether the Tribunal erred in construing s 39(1) of the Native Title Act 1993 (Cth) (NTA) – whether the Tribunal failed to take into account a relevant consideration in respect of material relevant to the criteria in s 39(1) of the NTA – whether the Tribunal failed to observe the rules of natural justice, or failed to exercise its jurisdiction by failing to make an inquiry under s 139(1) of the NTA

Legislation: Aboriginal Cultural Heritage Act 2003 (Qld) Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth) Crimes Act 1914 (Cth) Environment Protection and Biodiversity Conservation Act 1999 (Cth) Environmental Protection Act 1994 (Qld) Migration Act 1958 (Cth) Mineral Resources Act 1989 (Qld) Native Title Act 1993 (Cth) Proceeds of Crime Act 2002 (Cth) State Development and Public Works Organisation Act 1971 (Qld) Trade Practices Act 1974 (Cth) Weapons Regulation 1996 (Qld)