Federal Court of Australia
Federal Court of Australia
Coonamble Local Aboriginal Land Council v Attorney General of New South Wales [2023] FCA 938 File number: NSD 983 of 2021
Judgment of: KENNETT J
Date of judgment: 10 August 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 determination area – application unopposed – whether native title extinguished – whether within power and appropriate to make orders sought
Legislation: Native Title Act 1993 (Cth) ss 13, 23A, 23B, 23E, 47, 47A, 47B, 47C, 61, 66, 86G, 87, 94A, 225, 237A Aboriginal Land Rights Act 1983 (NSW) ss 36, 42 Native Title (New South Wales) Act 1994 (NSW) s 20 State Property Authority Act 2006 (NSW) s 18
Cases cited: Deerubbin Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1506 Fejo v Northern Territory [1998] HCA 58; 195 CLR 96 Mace v Queensland [2019] FCAFC 233; 274 FCR 41 Moller v State of Queensland [2023] FCA 347 Murphy v Queensland [2021] FCA 81 Ryan (Snr) on behalf of the Warrgamay People v Queensland [2021] FCA 977
Division: General Division
Registry: New South Wales
National Practice Area: Native Title
Number of paragraphs: 19
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