Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Murphy v State of Queensland [2021] FCA 81 File number: QUD 171 of 2018
Judge: COLLIER J
Date of judgment: 9 February 2021
Catchwords: NATIVE TITLE – non-claimant application for determination of native title under s 61(1) Native Title Act 1993 (Cth) – negative determination – s 86G Native Title Act – whether within power and appropriate for Court to make orders sought – no appearance by representative body – onus on applicants' to substantiate case – principles in Mace v State of Queensland (2019) 375 ALR 717; [2019] FCAFC 233 discussed
Legislation: Native Title Act 1993 (Cth) ss 13(1)(a), 66, 61(1), 81, 86G, 94A, 225 Land Title Act 1994 (Qld) s 166(1)(b)
Cases cited: Awabakal Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1507 Bahtabah Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1236 CG (Deceased) on behalf of the Badimia People v State of Western Australia (2016) 240 FCR 466; [2016] FCAFC 67 Gorringe on behalf of the Mithaka People v State of Queensland [2015] FCA 1116 Mace v State of Queensland (2019) 375 ALR 717; [2019] FCAFC 233 Members of the Yorta Yorta Aboriginal Community v State of Victoria (2002) 214 CLR 422; [2002] HCA 58 Pate v State of Queensland [2019] FCA 25 Wagonga Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1113
Date of hearing: 9 July 2020
Registry: Queensland
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