Federal Court of Australia
Federal Court of Australia
Singleton on behalf of the Yirrganydji Peoples v State of Queensland (No 2) [2021] FCA 1350 File numbers: QUD 14 of 2019 QUD 337 of 2015
Judgment of: CHARLESWORTH J
Date of judgment: 3 November 2021
Catchwords: NATIVE TITLE – application for orders under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) for the summary dismissal of two native title determination applications in part – alternate application for orders under r 28.67(1)(e) of the Federal Court Rules 2011 (Cth) dismissing the native title applications in part as a consequence of the Court's adoption of a referee report – native title applications untenable in part by virtue of the adoption of the referee report – consideration of the appropriate power to exercise in the circumstances of the case – claims dismissed in part under r 28.67(1)(e)
Legislation: Federal Court of Australia Act 1976 (Cth) ss 31A, 54A Native Title Act 1993 (Cth) s 67 Federal Court Rules 2011 (Cth) rr 28.61, 28.67
Cases cited: Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 2) [2018] FCA 978 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd (2008) 167 FCR 372 Rogers v Asset Loan Co Pty Ltd [2008] FCA 1305; 250 ALR 82 Singleton on behalf of the Yirrganydji Peoples v State of Queensland [2021] FCA 316
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