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)
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.
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)