Federal Court of Australia
Federal Court of Australia
James Speed Company Pty Ltd v State of Queensland [2022] FCA 626 File number: QUD 60 of 2021
Judgment of: BURLEY J
Date of judgment: 30 May 2022
Catchwords: NATIVE TITLE – non-claimant application for determination of native title under s 61(1) Native Title Act 1993 (Cth) – negative determination – whether within power and appropriate for Court to make orders sought – application allowed
Legislation: Native Title Act 1993 (Cth) ss 13(1), 24FA, 61, 61A, 63, 66, 81, 84(3), 86G, 164, 225, 253 Land Act 1994 (Qld) s 164
Cases cited: Byron Environment Centre Inc v Arakwal People [1997] FCA 797; 78 FCR 1 Kanak v Minister for Land and Waters [2000] FCA 1105; 106 FCR 31 Mace v State of Queensland [2019] FCAFC 233; 274 FCR 41 Queensland Rifle Association Inc v State of Queensland [2021] FCA 110 Waterton on behalf of the Bidjara People v State of Queensland [2017] FCA 633 Wyman on behalf of the Bidjara People v State of Queensland (No 2) [2013] FCA 1229 Wyman on behalf of the Bidjara People v State of Queensland [2016] FCA 777
Division: General Division
Registry: Queensland
National Practice Area: Native Title
Number of paragraphs: 38
Date of hearing: Determined on the papers
Solicitor for the Applicant: Mr M Boge of Thynne & Macartney
Solicitor for the Respondent: Mr G R Cooper of Crown Law
Table of Corrections
13 September 2022 In paragraph 1, the word " Bacaldine" has been replaced with " Barcaldine"
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