Murphy v State of Queensland [2021] FCA 81

Murphy v State of Queensland [2021] FCA 81

The Court had power to make the negative determination because the amended non-claimant application was made under ss 13(1)(a) and 61(1) of the Native Title Act 1993 (Cth), was notified as required, the notification period had ended, the Federal Court had jurisdiction under s 81, a negative determination is within s 225, there was no approved determination or relevant registered claim over the Land, and the State was the only respondent and did not oppose the order. It was appropriate to make the determination because, on the evidence, there were no responses to notification, no active Indigenous or other respondent, no active engagement by QSNTS despite awareness of the proceedings, no...

Jurisdiction
Australia
Judgment Date
09 February 2021
Procedural Posture
Non Claimant Application for Determination of Native Title Under S 61(1) of the Native Title Act 1993 (cth) / Final Judgment on Unopposed Application for Negative Determination Under S 86 G of the Native Title Act 1993 (cth)
Outcome
Application granted; negative determination of native title made.
Legal Topics
['non Claimant Application' 'negative Determination of Native Title' 'unopposed Application' 'section 86 G Native Title Act' 'burden of Proof' 'conversion of Leasehold to Freehold']
['native Title'] ['non Claimant Application' 'negative Determination of Native Title' 'unopposed Application' 'section 86 G Native Title Act' 'burden of Proof' 'conversion of Leasehold to Freehold']

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Procedural Posture

Non Claimant Application for Determination of Native Title Under S 61(1) of the Native Title Act 1993 (cth) / Final Judgment on Unopposed Application for Negative Determination Under S 86 G of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the Court had power to make a negative determination of native title in relation to the Land.' 'Whether it was appropriate to make the negative determination sought by the applicants under s 86G of the Native Title Act 1993 (Cth).' 'Whether the applicants discharged their onus of establishing, on the balance of probabilities, that native title does not exist over the Land.']

Ratio Decidendi

The Court had power to make the negative determination because the amended non-claimant application was made under ss 13(1)(a) and 61(1) of the Native Title Act 1993 (Cth), was notified as required, the notification period had ended, the Federal Court had jurisdiction under s 81, a negative determination is within s 225, there was no approved determination or relevant registered claim over the Land, and the State was the only respondent and did not oppose the order. It was appropriate to make the determination because, on the evidence, there were no responses to notification, no active Indigenous or other respondent, no active engagement by QSNTS despite awareness of the proceedings, no...

Court Disposition

Application granted; negative determination of native title made.

Orders

  • ['There is no native title in relation to Lot 15 on Crown Plan WBN844084 title reference 40055177, and Lot 1 on Survey Plan 204907 title reference 40055179.']