Moller v State of Queensland [2023] FCA 347

Moller v State of Queensland [2023] FCA 347

The Court was satisfied on the balance of probabilities that no native title exists in the subject land because prior Bidjara claims covering or adjacent to the land had been dismissed on grounds inconsistent with proof of continuing native title, any further Bidjara claim would not succeed, no other potential claimants or Queensland South Native Title Services sought to become parties after proper s 66 notification, and the only respondent did not oppose the orders. The statutory preconditions in s 86G were met, the negative determination was within power, and there was no reason why it was inappropriate to make the order without a hearing.

Jurisdiction
Australia
Judgment Date
18 April 2023
Procedural Posture
Non Claimant Application for Determination of Native Title Under S 61(1) of the Native Title Act 1993 (cth) / Unopposed Application Determined on the Papers Under S 86 G
Outcome
Application granted; negative determination of native title made.
Legal Topics
['non Claimant Application' 'negative Determination of Native Title' 'unopposed Application' 'native Title Act 1993 (cth) S 86 G' 'notification Under S 66']
['native Title'] ['non Claimant Application' 'negative Determination of Native Title' 'unopposed Application' 'native Title Act 1993 (cth) S 86 G' 'notification Under S 66']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ['Whether the non-claimant application was unopposed within the meaning of s 86G of the Native Title Act 1993 (Cth).' 'Whether the proposed determination that no native title exists over Lot 11 on Crown Plan CNA 95 and Lot 12 on Crown Plan CNA 90 was within the power of the Court.' 'Whether it was appropriate to make the negative determination without holding a hearing.']

Ratio Decidendi

The Court was satisfied on the balance of probabilities that no native title exists in the subject land because prior Bidjara claims covering or adjacent to the land had been dismissed on grounds inconsistent with proof of continuing native title, any further Bidjara claim would not succeed, no other potential claimants or Queensland South Native Title Services sought to become parties after proper s 66 notification, and the only respondent did not oppose the orders. The statutory preconditions in s 86G were met, the negative determination was within power, and there was no reason why it was inappropriate to make the order without a hearing.

Court Disposition

Application granted; negative determination of native title made.

Orders

  • ['Native title does not exist in relation to the land which comprises Lot 11 on Crown Plan CNA 95 and Lot 12 on Crown Plan CNA 90, in the State of Queensland.']