Federal Court of Australia
Federal Court of Australia
Gidyea Cattle Company Pty Ltd v State Minister for the State of Queensland [2025] FCA 117 File number(s): QUD 36 of 2024
Judgment of: LONGBOTTOM J
Date of judgment: 24 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 application by regional native title claim groups – onus on applicant to substantiate case – where previous native title claimant determination applications dismissed because of lack of continuity of acknowledgment and observance of traditional law and custom – order made in terms sought.
Legislation: Native Title Act 1993 (Cth), ss 13, 61, 86G, 253
Cases cited: Mace v Queensland (2019) 274 FCR 41; [2019] FCAFC 223 Wagonga Local Aboriginal Land Council v Attorney-General of New South Wales [2020] FCA 1113 Waterton on behalf of the Bidjara People v State of Queensland [2017] FCA 633 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 (No 3) [2014] FCA 8 Wyman on behalf of the Bidjara People v State of Queensland (No 4) [2014] FCA 93 Wyman on behalf of the Bidjara People v State of Queensland [2016] FCA 777 Wyman v Queensland (2015) 235 FCR 464; [2015] FCAFC 108
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