Federal Court of Australia
Federal Court of Australia
Griffith Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1501 File number: NSD 1223 of 2019
Judgment of: ABRAHAM J
Date of judgment: 16 October 2020
Catchwords: NATIVE TITLE – non-claimant application that native title does not exist in respect of certain land in New South Wales – application not opposed – where there was a previous exclusive possession act – where native title was extinguished - application granted
Legislation: Aboriginal Land Rights Act 1983 (NSW) ss 36, 50 Evidence Act 1995 (Cth) s 140 Native Title Act 1993 (Cth) ss 13, 23B, 23C, 23E, 61, 63, 66, 81, 86G, 223, 225, 253 Native Title (New South Wales) Act 1994 (NSW) s 20
Cases cited: Awabakal Local Aboriginal Land Council v Attorney-General of New South Wales [2018] FCA 1249 Bahtabah Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1236 Brown v Western Australia [2012] FCAFC 154; (2012) 208 FCR 505 CG (Deceased) on behalf of the Badimia People v State of Western Australia [2016] FCAFC 67; (2016) 240 FCR 466 Darkinjung Local Aboriginal Council v Attorney-General of New South Wales [2018] FCA 1136 Deerubbin Aboriginal Land Council v Attorney-General of New South Wales [2017] FCA 1067 Fejo v Northern Territory [1998] HCA 58; (1998) 195 CLR 96 Lawson v Minister for Land & Water Conservation for the State of New South Wales [2003] FCA 1127 Lightning Ridge Local Aboriginal Land Council v Premier of NSW in his capacity as the State Minister pursuant to the Native Title Act (1993) Cth [2012] FCA 792 Mace v State of Queensland [2019] FCAFC 233; (2019) 375 ALR 717 Roberts on behalf of the Widjabul Wia-Bal People v Attorney-General of New South Wales [2020] FCAFC 103 State of Western Australia v Brown [2014] HCA 8; (2014) 253 CLR 507 The Wik Peoples v The State of Queensland [1996] HCA 40; (1996) 187 CLR 1 Tweed Byron Local Aboriginal Land Council v Attorney General of New South Wales [2019] FCA 936; (2019) 373 ALR 667 Western Australia v Commonwealth [1995] HCA 47; (1995) 183 CLR 373 Western Australia v Ward [2002] HCA 28; (2002) 213 CLR 1 Worimi v Worimi Local Aboriginal Land Council [2010] FCAFC 3; (2010) 181 FCR 320
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