Federal Court of Australia
Federal Court of Australia
WG & DK Ryan Pty Ltd (Trustee) v State of Queensland [2021] FCA 499 File number(s): QUD 198 of 2020
Judgment of: SC DERRINGTON J
Date of judgment: 13 May 2021
Catchwords: NATIVE TITLE – non-claimant application for determination of native title under s 61(1) of the Native Title Act 1993 (Cth) ('NTA') – determination sought under s 86G of the NTA that no native title exists over the determination area – whether within power and appropriate to make the order sought – order made in the terms sought
Legislation: Native Title Act 1993 (Cth) ss 13(1), 61(1), 66(1), 66(3), 86G, 190C(2), 190C(4)
Cases cited: Awabakal Local Aboriginal Land Council v Attorney-General of New South Wales [2020] FCA 1507 CG (Deceased) on behalf of the Badimia People v State of Western Australia [2016] FCAFC 67; (2016) 240 FCR 466 Mace v State of Queensland [2019] FCAFC 233; (2019) 274 FCR 41 Mudgee Local Aboriginal Land Council v Attorney-General of New South Wales [2013] FCA 668 Murphy v State of Queensland [2021] FCA 81 Wagonga LocalAboriginal Land Council v Attorney General of New South Wales [2020] FCA 1113 Worimi v Worimi Local Aboriginal Land Council [2010] FCAFC 3; (2010) 181 FCR 320 Wyman on behalf of the Bidjara People v State of Queensland (No 2) [2013] FCA 1229
Division: General Division
Registry: Queensland
National Practice Area: Native Title
Number of paragraphs: 29
Date of hearing: 10 May 2021
Counsel for the Applicant: Mr Marc McKechnie
Solicitor for the Applicant: McCullough Roberston
Solicitor for the Respondent: Crown Law
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