Federal Court of Australia
Federal Court of Australia
Moller v State of Queensland [2023] FCA 347 File number: QUD 146 of 2022
Judgment of: KENNETT J
Date of judgment: 18 April 2023
Catchwords: NATIVE TITLE – non-claimant application for determination of native title under s 61(1) of the Native Title Act 1993 (Cth) – determination sought under s 86G that no native title exists over the determination area – application unopposed – whether within power and appropriate to make orders sought – orders made in the terms sought
Legislation: Native Title Act 1993 (Cth) ss 13, 61(1), 66, 86G, 87, 94A, 225 )
Cases cited: Deerubbin Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1506 Mace v Queensland [2019] FCAFC 233; 274 FCR 41 Murphy v State of Queensland [2021] FCA 81 Ryan (Snr) on behalf of the Warrgamay People v Queensland [2021] FCA 977 Wyman on behalf of the Bidjara People v Queensland [2016] FCA 777 Wyman v Queensland [2015] FCAFC 108; 235 FCR 464
Division: General Division
Registry: Queensland
National Practice Area: Native Title
Number of paragraphs: 20
Date of hearing: Determined on the papers
Solicitor for the Applicants: Thynne & Macartney
Solicitor for the Respondent: Crown Law
ORDERS QUD 146 of 2022
BETWEEN: DAVID JOHN MOLLER First Applicant
KATHERINE PATRICIA MOLLER Second Applicant
AND: STATE OF QUEENSLAND Respondent
order made by: KENNETT J DATE OF ORDER: 18 April 2023
THE COURT DETERMINES THAT:
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