Awabakal Local Aboriginal Land Council v Attorney General of New South Wales [2018] FCA 1249

Awabakal Local Aboriginal Land Council v Attorney General of New South Wales [2018] FCA 1249

Because no native title claimant application was made over the land following the required notification process and there are no prior native title determinations for the land, the Court is satisfied on the balance of probabilities that native title does not exist in relation to Lot 103 DP758769.

Jurisdiction
Australia
Judgment Date
22 August 2018
Procedural Posture
Non Claimant Application (native Title Determination) / Final Judgment; Determination on the Papers
Outcome
Application allowed; declaration made that native title does not exist in relation to the land; no order as to costs.
Legal Topics
['non Claimant Application' 'native Title Determination' 'unopposed Applications' 'aboriginal Land Rights']
['native Title'] ['non Claimant Application' 'native Title Determination' 'unopposed Applications' 'aboriginal Land Rights']

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Procedural Posture

Non Claimant Application (native Title Determination) / Final Judgment; Determination on the Papers

Legal Issues

  1. 1 ['Whether native title exists in relation to Lot 103 DP758769, Newcastle, NSW' 'Whether the application properly followed the procedure under the Native Title Act' 'Whether the court has power to make a determination that no native title exists in unopposed proceedings']

Ratio Decidendi

Because no native title claimant application was made over the land following the required notification process and there are no prior native title determinations for the land, the Court is satisfied on the balance of probabilities that native title does not exist in relation to Lot 103 DP758769.

Court Disposition

Application allowed; declaration made that native title does not exist in relation to the land; no order as to costs.

Orders

  • ['Native title does not exist in relation to the area of land comprised in and known as Lot 103 DP758769.' 'No order as to costs.']