Gandangara Local Aboriginal Land Council v Minister for Lands [2009] FCA 1136

Gandangara Local Aboriginal Land Council v Minister for Lands [2009] FCA 1136

As the application was unopposed, notice requirements had been fulfilled, and the orders sought were within the Court's power, the Court declared that no native title exists over the subject land.

Jurisdiction
Australia
Judgment Date
30 September 2009
Procedural Posture
Non Claimant Native Title Application / Final Determination
Outcome
Declaration made that no native title exists in relation to the specified land. Each party to pay its own costs.
Legal Topics
['non Claimant Application' 'determination of Native Title' 'aboriginal Land Rights']
['native Title' 'property Law'] ['non Claimant Application' 'determination of Native Title' 'aboriginal Land Rights']

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Procedural Posture

Non Claimant Native Title Application / Final Determination

Legal Issues

  1. 1 ['Whether native title exists in the specified land parcel']

Ratio Decidendi

As the application was unopposed, notice requirements had been fulfilled, and the orders sought were within the Court's power, the Court declared that no native title exists over the subject land.

Court Disposition

Declaration made that no native title exists in relation to the specified land. Each party to pay its own costs.

Orders

  • ['No native title exists in relation to the land comprised in New South Wales Department of Lands Certificate of Title folio identifier 101 in Deposited Plan 1028645, located in the Local Government Area of Sutherland, Parish of Holsworthy, County of Cumberland, State of New South Wales.' 'Each party pay its own...