Federal Court of Australia
Federal Court of Australia
Wharton on behalf of the Kooma People v State of Queensland (No 2) [2021] FCA 191 File number: QUD 785 of 2019
Judgment of: RANGIAH J
Date of judgment: 11 March 2021
Catchwords: NATIVE TITLE – Native Title Act 1993 (Cth) – application for determination of compensation under ss 50(2) and 61(1) – where no compensable act identified in original application – whether application complies with s 61(5) – where application by State for strike-out under s 84C – where applicant seeks leave to amend to include compensable act – application for leave to amend compensation application dismissed – compensation application struck out
Legislation: Native Title Act 1993 (Cth) ss 61, 64, 83A and 84C
Cases cited: Saunders on behalf of the Bigambul People v State of Queensland (No 2) [2021] FCA 190 Weatherall on behalf of the Kooma People #4 Part A v State of Queensland [2014] FCA 662
Division: General Division
Registry: Queensland
National Practice Area: Native Title
Number of paragraphs: 21
Date of last submission: 17 July 2020 (Applicant)
Date of hearing: 24 June 2020 and 8 July 2020
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