Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McKellar on behalf of the Kunja People v State of Queensland [2022] FCA 245 File number(s): QUD 598 of 2015
Judgment of: SC DERRINGTON J
Date of judgment: 22 March 2022
Catchwords: NATIVE TITLE – consent determination – requirements under s 87 of the Native Title Act 1993 (Cth) – agreement of all parties – determination of native title by consent
Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Native Title Act 1993 (Cth) ss 13, 23B, 23C, 24IB, 24JA, 47, 47B 47C, 55, 56, 57, 61A, 66, 67, 87, 94A, 190A, s212, 223, 225, 251D, 253 Native Title (Queensland) Act 1993 (Qld) ss 20, 21
Cases cited: Cox on behalf of the Yungngora People v State of Western Australia [2007] FCA 588 Eagles on behalf of the Combined Thiin-Mah, Warriyangka, Tharrkari and Jiwarli People v State of Western Australia [2019] FCA 508 Freddie v Northern Territory [2017] FCA 867 Hughes (on behalf of the Eastern Guruma People) v Western Australia [2007] FCA 365 Kngwarrey on behalf of the member of the Irrkwal, Ntewerrek, Aharreng, Arrty/Amatyerr and Areyn Lander v State of South Australia [2012] FCA 427 Landholding Groups v Northern Territory of Australia [2011] FCA 428 Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 Munn v Queensland [2001] FCA 1229; 115 FCR 109 Ward v State of Western Australia [2006] FCA 1848
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