Recent Cases

McLennan on behalf of the Jangga People #3 v State of Queensland [2023] FCAFC 191 (12 December 2023) (Perry, Sarah C Derrington and Colvin JJ)


Catchwords:


NATIVE TITLE – appeal from adverse determination of questions as to whether native title exists in relation to any land and waters of the claim area in partially overlapping claim – where no lay evidence led below in relation to issues arising under s 223(1)(a) of the Native Title Act 1993 (Cth) – whether prior consent determination in relation to adjacent land and waters disposed of the inquiry required by s 223(1)(a) – whether appellant entitled to rely at trial on the findings or the material underpinning the necessary facts to support the prior determination

NATIVE TITLE – consent determination – in rem character of determination – status of “findings” where facts and issues not “actually litigated and determined”