Federal Court of Australia
Federal Court of Australia
Arnaboldi v State of Queensland [2023] FCA 788 File number: QUD 88 of 2022
Judgment of: SARAH C DERRINGTON J
Date of judgment: 14 July 2023
Catchwords: NATIVE TITLE – non-claimant application for determination of native title under s 61(1) of the Native Title Act – determination sought that no native title exists over the determination area – whether court has power to make orders as sought – whether appropriate to make orders as sought – where application is unopposed – application granted PRACTICE AND PROCEDURE – native title – non-claimant application for determination of native title under s 61(1) of the Native Title Act – where no notice given to Court by State Minister stating either that the Minister does not want to be a party or does not oppose the application – whether application "unopposed" within the meaning of s 86G(2) – whether hearing required
Legislation: Native Title Act 1993 (Cth) ss 13(1), 61(1), 66, 81, 84(4), 86G, 223, 225, 253 Land Act 1994 (Qld) s 164
Cases cited: Appleton v State of Queensland [2023] FCA 45 Awabakal Local Aboriginal Land Council v Attorney-General of New South Wales [2020] FCA 1507 Bartolo v State of Queensland [2022] FCA 100 CG (Deceased) on behalf of the Badimia People v State of Western Australia [2016] FCAFC 67; 240 FCR 466 Djaku:nde People v State of Queensland [2015] FCA 287 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 Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229; 115 FCR 109 Murphy v State of Queensland [2021] FCA 81 Prow v State of Queensland [2021] FCA 1532 Sandy on behalf of the Yugara People v State of Queensland (No 2) [2015] FCA 15 Saunders on behalf of the Bigambul People v State of Queensland [2020] FCA 563 Wagonga Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1113 West Wyalong Local Aboriginal Land Council v Attorney-General (NSW) [2021] FCA 1116 WG & DK Ryan Pty Ltd (Trustee) v State of Queensland [2021] FCA 499 Worimi Local Aboriginal Land Council v Minister for Lands (NSW) [2008] FCA 1929; 181 FCR 300 Worimi v Worimi Local Aboriginal Land Council [2010] FCAFC 3; 181 FCR 320 Wyman on behalf of the Bidjara People v State of Queensland [2016] FCA 777
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