Woosup on behalf of the Northern Cape York Group #1 v State of Queensland (No 3)
Case
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[2014] FCA 1148
•30 October 2014
Details
AGLC
Case
Decision Date
Woosup on behalf of the Northern Cape York Group #1 v State of Queensland (No 3) [2014] FCA 1148
[2014] FCA 1148
30 October 2014
CaseChat Overview and Summary
The case before the court was an application by the Woosup on behalf of the Northern Cape York Group #1 for a determination of native title over a specified area in northern Cape York Peninsula. The respondent, the State of Queensland, did not contest the application, and the parties had reached an agreement on the terms of the proposed determination. The court was required to decide whether the proposed determination was within its power and if it was appropriate to make the orders. The court considered the relevant sections of the Native Title Act 1993 (Cth) and the evidence filed in support of the application. The court found that native title existed in relation to the specified area and was held by the Northern Cape York #1 Native Title Claim Group. The native title rights and interests were defined, and the relationship between the native title rights and other interests in the area was established. The court made orders determining the native title, setting out the terms of the determination, and specifying the conditions for the determination to take effect. The orders also provided for the registration of the determination on the Register of Indigenous Land Use Agreements and outlined the costs associated with the proceedings. The court's decision recognised the native title rights of the Northern Cape York #1 Native Title Claim Group and provided a framework for the exercise of those rights in relation to the specified area.
Details
Key Legal Topics
Areas of Law
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Indigenous Peoples & Native Title Law
Legal Concepts
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Native Title
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Constitutional Validity
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Separation of Powers
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Statutory Construction
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Adverse Possession
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Equitable Estoppel
Actions
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Citations
Woosup on behalf of the Northern Cape York Group #1 v State of Queensland (No 3) [2014] FCA 1148
Most Recent Citation
Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 18) (Atambaya #2 determination) [2023] FCA 735
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