James Speed Company Pty Ltd v State of Queensland

In the case of James Speed Company Pty Ltd v State of Queensland, the applicant sought a determination of native title under section 61(1) of the Native Title Act 1993 (Cth). The applicant, which holds a leasehold interest in approximately 30,900 hectares of land, applied for a negative determination of native title to facilitate the conversion of the lease to freehold title. The State of Queensland, the only respondent, did not oppose the application. The legal issues the Court needed to decide included whether the application was within the Court's power and whether it was appropriate to grant the orders sought. The Court needed to consider if the applicant had discharged the burden of establishing that the application should be allowed, given that the application was unopposed and the State of Queensland did not oppose the application.

The Court held that the applicant had discharged its burden of establishing that the application ought to be allowed. The Court found that the application for a negative determination of native title was within its power as it was an application for a determination of native title under section 61(1) of the NT Act and the applicant had an interest in the land. The Court also found that it was appropriate to make the order sought by the applicant as the evidence demonstrated, on the balance of probabilities, that there was no native title that continued to exist in respect of the determination area. The Court relied on previous determinations that found no continuation of a Bidjara normative system of traditional law and custom since sovereignty, and the resource-intensive nature of native title litigation.

The Court allowed the application and determined that native title does not exist in relation to the land and waters described as Lot 1118 on Survey Plan 273891. The Court's decision was based on the evidence presented and the findings of previous determinations, which demonstrated that there was no native title that continued to exist in respect of the determination area. The Court's order facilitates the conversion of the lease to freehold title for the applicant.