Kennedy v State of Victoria [1999] FCA 659

Kennedy v State of Victoria [1999] FCA 659

It is appropriate to adjourn the application for a declaration until the hearing of the broader country native title claim, as determination of native title is a precondition to utility of any declaration as to 'future act' status.

Parties
First Applicant: William John Kennedy; Second Applicant: Raymond Phennell Marks; First Respondent: State of Victoria; Second Respondent: Leonard Michael Scarce
Jurisdiction
Australia
Judgment Date
30 March 1999
Procedural Posture
Native Title Declaration Application / Interlocutory Judgment With Adjournment
Outcome
Application and motion adjourned, matter adjourned to date specified
Legal Topics
Future Act Under Native Title Act, Declaration Application, Validity of Crown Land Grant
Native Title Future Act Under Native Title Act Declaration Application Validity of Crown Land Grant

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Parties

William John Kennedy

First Applicant

Raymond Phennell Marks

Second Applicant

State of Victoria

First Respondent

Leonard Michael Scarce

Second Respondent

Procedural Posture

Native Title Declaration Application / Interlocutory Judgment With Adjournment

Legal Issues

  1. 1 Whether a declaration can be made that a grant is a 'future act' under section 233 Native Title Act 1993 (Cth) prior to determination of native title claim
  2. 2 Whether such a declaration has utility prior to native title determination

Ratio Decidendi

It is appropriate to adjourn the application for a declaration until the hearing of the broader country native title claim, as determination of native title is a precondition to utility of any declaration as to 'future act' status.

Court Disposition

Application and motion adjourned, matter adjourned to date specified

Orders

  • The application and motion, notice of which was filed by the first respondent on 25 November 1998, are adjourned to be heard and determined immediately following the hearing of the country claim, being proceedings VG 6002 of 1998.
  • The matter is otherwise adjourned to 10:15 am on 21 April 1999.