O'Shea v State Minister for the State of Queensland [2025] FCA 52

Federal Court of Australia

O'Shea v State Minister for the State of Queensland [2025] FCA 52 File number(s): QUD 351 of 2017

Judgment of: COLLIER J

Date of judgment: 6 February 2025

Catchwords: NATIVE TITLE – non-claimant application for determination of native title under s 61(1) Native Title Act 1993 (Cth) – negative determination – s 86G Native Title Act – whether within power and appropriate for Court to make orders sought – no participation in proceedings by representative body – no response to public notification of claim by regional native title claim groups – onus on applicant to substantiate case – principles in Mace v State of Queensland (2019) 375 ALR 717; [2019] FCAFC 233

Legislation: Native Title Act 1993 (Cth) ss 61, 66, 66A, 86G, 203BG, 225

Cases cited: Alvoen on behalf of the Wakaman People v State of Queensland [2023] FCA 953 CG (Deceased) on behalf of the Badimia People v State of Western Australia (2016) 240 FCR 466; [2016] FCAFC 67 Mace v State of Queensland [2019] FCAFC 233; (2019) 375 ALR 717 Wagonga Local Aboriginal Land Council v Attorney General of New South Wales [2020] FCA 1113

Division: General Division

Registry: Queensland

National Practice Area: Native Title

Number of paragraphs: 33

Date of last submission: 29 April 2024

Date of hearing: Determined on the papers

Solicitor for the Applicant: Ashurst

Solicitor for the Respondent: Crown Law

Table of Corrections 10 February 2025 In paragraph 13, "to Mr Peter Hutchinson of NQLC" amended to read "to Mr Peter Hutchison, Director, Native Title Claims Resolution, Land and Native Title Services of the Department and to NQLC".