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Lardil, Kaiadilt, Yangkaal & Gangalidda Peoples v Stateof Queensland [2001] FCA 414

Year
2001
Jurisdiction
Queensland
Forum
Federal Court
Summary

French, Merkel and Dowsett JJ

The Court in this case considered whether it is possible to determine if an act is a future act before it is carried out. Their Honours found that where native title has been extinguished, an act cannot be a future act because it does not affect native title. This case also considered whether a failure to comply with procedural requirements will invalidate the future act.

In considering the appeal against the costs ordered at trial, the Court considered whether or not s 85A applies to the proceedings on the notice of motion, and on whether or not s 85A applied in strict terms. The Court held that jurisdiction was conferred by s 213(2) of the Native Title Act, and declined to depart from the usual rule governing the exercise of the discretion under s 43.