Russell Estates Pty Ltd v State Minister for the State of Queensland [2023] FCA 1588

Russell Estates Pty Ltd v State Minister for the State of Queensland [2023] FCA 1588

The applicant, as the registered proprietor with a non-native title interest in the land and in the absence of any opposing parties or evidence of native title claims, has discharged the burden of proof on the balance of probabilities that no native title exists in relation to the land. It is appropriate to make the negative determination sought without a hearing, per s 86G of the Native Title Act.

Parties
Applicant: Russell Estates Pty Ltd; First Respondent: State Minister for the State of Queensland; Second Respondent: State of Queensland
Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Non Claimant Application / Determined on the Papers
Outcome
Application granted. Negative determination that native title does not exist.
Legal Topics
Non Claimant Application, Negative Determination of Native Title, Burden of Proof in Native Title, Determination on the Papers
Native Title Non Claimant Application Negative Determination of Native Title Burden of Proof in Native Title Determination on the Papers

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Parties

Russell Estates Pty Ltd

Applicant

State Minister for the State of Queensland

First Respondent

State of Queensland

Second Respondent

Procedural Posture

Non Claimant Application / Determined on the Papers

Legal Issues

  1. 1 Whether a negative determination that native title does not exist in relation to the land should be made

Ratio Decidendi

The applicant, as the registered proprietor with a non-native title interest in the land and in the absence of any opposing parties or evidence of native title claims, has discharged the burden of proof on the balance of probabilities that no native title exists in relation to the land. It is appropriate to make the negative determination sought without a hearing, per s 86G of the Native Title Act.

Court Disposition

Application granted. Negative determination that native title does not exist.

Orders

  • The State Minister for the State of Queensland be joined as a respondent.
  • Native title does not exist in relation to the land and waters that is Lot 6 on Crown Plan MX75 (Title Reference 17663210) in the State of Queensland.