Full Court Minute Books

Case B39/2014

State of Queensland v. Congoo & Ors

Case No.

B39/2014

Case Information

Lower Court Judgment

21/02/2014 Federal Court of Australia (North, Logan & Jagot JJ)

[2014] FCAFC 9

Catchwords

Native title – Extinguishment – National Security Act 1939 (Cth) (“NSA”), s 5(1) – National Security (General) Regulations, reg 54 – NSA enacted shortly after Australia’s entry into World War II authorising Governor-General to make regulations for securing public safety and defence of Commonwealth – Between 1943 and 1945 five orders were made under reg 54 over land over which native title determination sought – Whether orders made under reg 54 have effect of extinguishing all native title rights and interests on land – Whether reg 54 enabled Commonwealth to take possession of land simply by making orders purporting to take possession of land.

Short Particulars

Documents

04/09/2014 Hearing (SLA, Brisbane)

18/09/2014 Notice of appeal

16/10/2014 Written submissions (Appellant)

16/10/2014 Chronology (Appellant)

06/11/2014 Written submissions (First Respondents)

06/11/2014 Written submissions (Second Respondent)

20/11/2014 Reply

02/12/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

03/12/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

13/05/2015 Judgment (Judgment summary)