Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cornford v State Minister for the State of Queensland [2024] FCA 992 File number(s): QUD 131 of 2023
Judgment of: PERRY J
Date of judgment: 30 August 2024
Catchwords: NATIVE TITLE – non-claimant application under the Native Title Act 1993 (Cth) – determination sought under s 86G of the Native Title Act that no native title exists over the determination area – whether within power and appropriate to make orders sought – where application not opposed – where previous native title claimant determination applications dismissed because of lack of continuity of acknowledgment and observance of traditional law and custom – application allowed
Legislation: Native Title Act 1993 (Cth) ss 13, 61, 66, 81, 86G, 94A, 223, 225, 253 Land Act 1994 (Qld) s 164
Cases cited: CG v Western Australia [2016] FCAFC 67; (2016) 240 FCR 466 Darkinjung Local Aboriginal Land Council v Attorney-General of New South Wales [2018] FCA 1136 Mace v Queensland [2019] FCAFC 233; (2019) 274 FCR 41 Pate v Queensland [2019] FCA 25 South Terrick Pty Ltd ATF South Terrick Trust v State of Queensland [2023] FCA 646 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: 39
Date of last submissions: 2 April 2024
Date of hearing: Determined on the papers
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