Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rockland on behalf of the Waanyi People v State of Queensland [2021] FCA 1139 File number: QUD 747 of 2018
Judgment of: BURLEY J
Date of judgment: 22 September 2021
Catchwords: NATIVE TITLE – consent determination – agreement under s 87A of the Native Title Act 1993 (Cth) – whether Court has power to make proposed orders – where claim group identified in proposed orders different to that identified in filed application – appropriate for Court to make orders in the form agreed between the parties
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Native Title Act 1993 (Cth) ss 47A, 56, 57, 66(3), 84D, 87, 94A, 223 and 225 Land Act 1994 (Qld) Water Act 2000 (Qld)
Cases cited: Aplin on behalf of the Waanyi People v State of Queensland (No 2) [2010] FCA 1326 Aplin on behalf of the Waanyi Peoples v State of Queensland (No 3)[2010] FCA 1515 Aplin on behalf of the Waanyi Peoples v State of Queensland [2010] FCA 625 Billy Patch on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 Drury on behalf of the Nanda People v State of Western Australia [2020] FCAFC 69; 276 FCR 203 Watson on behalf of the Nyikina Mangala People v Western Australia (No 6) [2014] FCA 545 Widjabul Wia-Bal v Attorney General of New South Wales [2020] FCAFC 34; 274 FCR 577
Division: General Division
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