Federal Court of Australia
Federal Court of Australia
Appleton v State of Queensland [2023] FCA 45 File number(s): QUD 29 of 2022
Judgment of: SARAH C DERRINGTON J
Date of judgment: 2 February 2023
Catchwords: NATIVE TITLE – non-claimant application for determination of native title under s 61(1) of the Native Title Act 1992 (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 orders sought – order made in terms sought
Legislation: Native Title Act 1993 (Cth) ss 13, 61, 66, 81, 86G, 225 Land Act 1994 (Cth) s 164
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; 240 FCR 466 James Speed Company Pty Ltd v State of Queensland [2022] FCA 626 Mace v State of Queensland [2019] FCAFC 233; 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 Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1113 Worimi v Worimi Local Aboriginal Land Council [2010] FCAFC 3; 181 FCR 320 Wyman and others on behalf of the Bidjara People (No 6) v State of Queensland Wyman on behalf of the Bidjara People v State of Queensland [2016] FCA 777
Division: General Division
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