Bonner on behalf of the Jagera/Yagera People v State of Queensland [2019] FCA 917

FEDERAL COURT OF AUSTRALIA

Bonner on behalf of the Jagera/Yagera People v State of Queensland [2019] FCA 917 File number: QUD 689 of 2018

Judge: REEVES J

Date of judgment: 16 May 2019

Catchwords: NATIVE TITLE – application for leave to discontinue a native title determination application – where the native title determination application failed the registration process under Part 7 of the Native Title Act 1993 (Cth) – where the native title determination application may be subject to dismissal under s 84D or s 84C of the Native Title Act 1993 (Cth) – leave granted

Legislation: Native Title Act 1993 (Cth) Federal Court Rules 2011 (Cth)

Cases cited: Levinge v Queensland (2012) 208 FCR 98; [2012] FCA 1321

Date of hearing: 16 May 2019

Registry: Queensland

Division: General Division

National Practice Area: Native Title

Category: Catchwords

Number of paragraphs: 7

Counsel for the Applicant: Mr D Yarrow

Solicitor for the Applicant: P&E Law

Counsel for the Respondent: Mr M Taylor

Solicitor for the Respondent: Crown Law

ORDERS QUD 689 of 2018

BETWEEN: JAMES BONNER and ELIZABETH BOND ON BEHALF OF THE JAGERA/YAGERA PEOPLE Applicant

AND: STATE OF QUEENSLAND Respondent

JUDGE: REEVES J DATE OF ORDER: 16 MAY 2019

THE COURT ORDERS THAT:

1. Pursuant to r 26.12(4) of the Federal Court Rules 2011 (Cth), the applicant has leave to file a notice of discontinuance in the proceeding within seven days. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

EX TEMPORE REASONS FOR JUDGMENT